TURNER v. ATLANTIC COAST LINE RAILROAD COMPANY

Civ. A. 6222

159 F.Supp. 590 (1958)

Allen Robert TURNER and Sherry Jean Patricia Turner, Minors, suing by their mother and next friend, Mrs. Frances H. Turner v. ATLANTIC COAST LINE RAILROAD COMPANY.

United States District Court N. D. Georgia, Atlanta Division.

January 2, 1958.


Attorney(s) appearing for the Case

James A. Bagwell, Atlanta, Ga., for plaintiff.

Alston, Sibley, Miller, Spann & Shackelford, Atlanta, Ga., for defendant.


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...

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