Kennard v. Ill. Cent. R. Co.

Mr. Special Justice Frank T. Fancher

delivered the opinion of the Court.

This is a suit for damages brought by the administra-trix in Tennessee for wrongful death of the intestate, deceased, occurring in the State of Louisiana. The determinative issue is whether there was such departure in pleading from the original declaration when an amendment thereto was made that it cannot relate, and that by reason of lapse of time the Statute of Limitations had barred the action. The summons is in the statutory form and it shows that the defendant is summoned to answer Janie Kennard, administratrix of It.…