Peoples v. Seamon

FOSTER, Justice.

This is an action for the death of a minor child brought by the administrator of his estate. The complaint does not allege whether the child left a parent surviving.

The defendant plead (No. 3) that Leonard E. Seamon (who is the administrator suing as plaintiff) is the father of the said child, and that at the time of the accident, for which suit is brought, he, said Leonard E. Seamon, the father, was guilty of negligence in caring for said child, which negligence proximately contributed to his injury and death.

Plaintiff demurred on three grounds. The first was general; the…