J. A. Thompson & Sons, Inc. v. Superior Court

The facts of this case are simple. However, the point of law involved is both unique and challenging. Petitioner is one of several defendants in a wrongful death action filed by the decedent's widow on August 17, 1959. The original complaint designated the widow as the only plaintiff; however, it alleged that she was proceeding individually and on behalf of her minor son “as his natural guardian.” After a demurrer to the original complaint, filed by another defendant, was sustained, the widow, on February 19, 1962, filed an amended complaint. In this pleading the minor son, by the widow as…