Southern Ry. Co. v. Gantt

This is an action for wrongful act, omission, or negligence causing death. Code 1907, § 2486.

In the caption of the complaint, plaintiff is styled: “Thomas Gantt, Administrator of the Estate of Jesse Long, Deceased.” The body of each count claims damages resulting from the death of “plaintiff’s intestate.”

The entire complaint is looked to in ascertaining whether the plaintiff sues in his individual or representative character.

The cause of action here can accrue to plaintiff only in his representative capacity. This, under our decisions, is a determining factor. The demurrer to the complaint on…