Bowring v. Wilmington Malleable Iron Co.

Citations

• 22 Del. 332
• 6 Penne. 332
• 67 A. 160
• 1907 Del. LEXIS 33

Syllabus

<p>Personal Injuries—Pleading—Demurrer—Action by Father as next Friend of his Son—Action by Father in his own Right —Cause of Action the same—Emancipation of Son— —Relinquishment of Father’s Right— —Estoppel—Waiver.</p> <p>1. The fact that a father as next friend sought to recover for his minor child damages for which he might otherwise have maintained an action in his own name,will amount to a waiver or relinquishment of the father’s right in favor of the son, or to an emancipation of the son by the father, so as to preclude the father from maintaining an action in his own name.</p> <p>2. But the next friend of an infant plaintiff is not a party to the action in such a sense that the judgment therein rendered could be pleaded in bar of any cause of action he_ might have against the same defendant growing out of the same transaction. The actions would be different—the parties not the same. A verdict against a person serving in one capacity will not estop him when he sues in another distinct capacity, and is m fact a different person in law.</p>