Dilworth v. Tisdale Transfer & Storage Company

The plaintiff in error brought suit in the Circuit Court of Shelby County as the illegitimate son of Otis Harris, Jr. for the wrongful death of his putative father. The declaration alleged the putative father had acknowledged plaintiff in error as his son and contributed to his support.

The defendant in error filed a demurrer to this declaration on the ground an illegitimate son is not a proper person to bring an action for the wrongful death of his putative father.

The trial court sustained this demurrer and the sole question presented here on appeal is whether an acknowledged illegitimate son…