Scarborough v. Louisiana Ry. & Nav. Co.
Supreme Court of Louisiana
Appeal from Fifth Judicial District Couri Parish of Winn; Cas Moss, Judge. Action by E. M. Scarborough, Sr., against the Louisiana Railway & Navigation Company. Judgment for plaintiff in the sum of $2,000, and defendant appealed, and plaintiff answered the appeal asking an increase of the judgment to $3,500.
1Opinion of the CourtSommerville, J.
Plaintiff sues defendant in the sum of $15,150 for and on behalf of his minor son, aged six years, for injuries sustained by the child while a passenger on defendant’s train on June 11, 1918. The suit was filed July 18, 1918.
[1] Defendant excepted on the ground of nonjoinder Of parties plaintiffs; claiming that the mother of the minor should have been made a party plaintiff in the cause. The exception was properly overruled. The Code provides, in article 221: “The father is, during the marriage, administrator of the estate of his minor children.” And he is thus authorized to bring suit,…
2Cases cited5 opinions
- Black v. Carrollton RailroadSupreme Court of Louisiana · 1855
- Nabors v. Producers' Oil Co.Supreme Court of Louisiana · 1917
- State v. Judge of the ParishSupreme Court of Louisiana · 1834
- Guidry v. Morgan's Louisiana & T. R. & S. S. Co.Supreme Court of Louisiana · 1917
- Snow v. CopleySupreme Court of Louisiana · 1848
3Cited by6 opinions
- Horton v. Western Union Telegraph Co.Louisiana Court of Appeal · 1941
- Grantham v. SmithLouisiana Court of Appeal · 1931
- Mercer v. RosenblathSupreme Court of Louisiana · 1924
- Lowe v. East & West Coast RailwaySupreme Court of Florida · 1920
- Tice v. CralleSupreme Court of Florida · 1921
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