Turner v. Atlantic Coast Line Railroad Company

HOOPER, Chief Judge.

This is a motion by the defendant under Rule 12(b) (6), 28 U.S.C.A., to dismiss the complaint on the ground that it fails to state a claim upon which relief can be granted. The question raised by the motion is whether minor children, suing through their next friend, have a cause of action against the defendant for a negligent injury to their father who is presently in life. The accident for which suit has been brought occurred in South Carolina but no decision or statute of the State of South Carolina directly in point has been cited and apparently there is none. Authority…