Heyman v. Gordon

The opinion of the court was delivered by

Hall, J.

This litigation involves another aspect of intra-family tort actions. May a wrongful death action for the sole benefit of an unemancipated minor child be maintained against the father grounded on the latter’s alleged negligence which resulted in the death of the wife and mother?

The death occurred from an automobile collision between cars driven by defendants Gordon and Schneber. Mrs. Gordon, the decedent was a passenger in her husband’s car along with their son Stanley. The son was 13 years of age at the time, unemancipated and solely dependent…