Swan v. Norvell

The plaintiff, in his capacity as special administrator of the estate of his deceased infant son, brings this action, for damages, alleging the death of his said son by the negligence of the defendants’ servants, and also alleging1 his own appointment as special administrator of the estate of the deceased prior to the commencement of this action. A demurrer to the complaint on the ground that the plaintiff has not legal capacity to sue was overruled, and the defendants appeal.

The sole question is whether a special administrator, under our statutes, is empowered to bring and maintain this…