Barnard v. Dallas Ry. & Terminal Co.

ATWELL, District Judge.

The suit is brought by the mother and on behalf of a child of the deceased, and it is alleged that he was killed by a motor bus.

The mother and the child reside m California. The deceased had been divorced from the child’s mother. The mother remarried. Her husband adopted, under the laws of California, the child.

The defendant moves' to dismiss and for summary judgment as to the child’s claim, on the ground that the relationship theretofore existing between her and the deceased having ceased, that she is not a person entitled to the statutory right to sue for the* death…