Strickland v. Atlantic Coast Line Railroad

SACK, Judge.

This case presents the question of whether a husband whose negligence or gross negligence caused or contributed to the death of his wife forfeits his right of action under the Wrongful Death Act, F.S. § 768.01, et seq. F.S.A. thereby permitting such an action to be maintained by his stepchildren, the natural children of the deceased wife, against him and a co-tort-feasor.

The appellant, plaintiff below, is guardian of the estates of the two natural children of Clara Nareski, wife of Joseph Nareski. The amended complaint, in the first count, charges that the defendants, Joseph…