Delatour v. MacKay

This action was prosecuted by plaintiff to obtain damages for the death of her minor son. She recovered judgment, from which defendants appeal.

The sole ground of appeal advanced in argument is, that plaintiff had no legal right to maintain the action. Prior to the commencement of the action plaintiff had secured a divorce from her husband upon the ground of his habitual intemperance. By the decree she was awarded the custody of the minor child, and the husband was relieved from responsibility for its maintenance. The father was living at the time the boy was killed and at the time this action…