Benson v. Robinson

The several counts of the complaint are predicated clearly upon the authority of section 5695 of the Code, sometimes called the minor homicide statute, instituted by the father of the deceased minor.

There was a demurrer to the complaint assigning various grounds. It was sustained, and plaintiff then undertook to amend the complaint, so that the suit would be in the name of Coleman Benson as administrator of the estate of the minor instead of Coleman Benson individually. The court sustained objection to the proposed amendment, and based his order on the ground that the amendment constitutes an…