Smith v. Richardson

HARWOOD, Justice.

Theresa Smith, a girl of about six years of age, was struck by an aivtomobile driven by Arnett Richardson, as she was crossing a street in Citronelle.

Thereafter two suits were filed against Richardson, one by Theresa Smith, suing by her father as next friend, and another by Coy Smith, the father. This second suit was under the provisions of Section 118, Title 7, Code of Alabama 1940, which permits a suit by the father (and in certain enumerated circumstances the mother) for injuries to a minor child, a member of the family.

Theresa’s complaint contained two counts, one in…