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DILWORTH v. TISDALE TRANSFER & STORAGE COMPANY

354 S.W.2d 261 (1962)

Emerson O. DILWORTH, a minor, By Next Friend, Ernestine Dilworth, v. TISDALE TRANSFER & STORAGE COMPANY, Inc., and Bobby Laird McDill.

Supreme Court of Tennessee.

February 8, 1962.

Attorney(s) appearing for the Case

Raymond M. Briggs, Briggs, Nixon & Owens, Memphis, for petitioner.

Leo Bearman, Sr., Leo Bearman, Jr., Memphis, for respondent.

DYER, Justice.

The plaintiff in error brought suit in the Circuit Court of Shelby County as the illegitimate son of Otis Harris, Jr. for the wrongful death of his putative father. The declaration alleged the putative father had acknowledged plaintiff in error as his son and contributed to his support.

The defendant in error filed a demurrer to this declaration on the ground an illegitimate son is not a proper person to bring an action for the wrongful death...

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