Baker v. Peavy-Wilson Lumber Co.

On writ of error we review order granting a new trial.

This is the second appearance on the case here. See Baker v. Peavy-Wilson Lumber Company, 140 Fla. 791, 192 So. 193. After the',case went back to the circuit court an addi tional plea was filed alleging: “That the father of L. B. Baker, a minor child, is still living,'and defendant denies that the said father is dead; and that there is no right of action in' plaintiff for the death of said minor child.” •

On this and other pleas trial was had which resulted in a verdict in favor of the plaintiff.

On April 13, 1940, within the statutory…