Florida East Coast Railway Co. v. Jackson

Citations

• 65 Fla. 393
• 62 So. 210
• 1913 Fla. LEXIS 477

Syllabus

<p>Death by Wrongful Act—Statutes Giving Right of Recovery for To Be Strictly Construed—Step-Father Cannot Maintain Action for Death of Step-Son—Misjoinder of Plaintiffs.</p> <p>1. In suits for damages for the death of another by wrongful act or negligence it is well settled that the action is maintainable only by the person who is by the terms of the statute authorized to maintain it.</p> <p>2. Our Florida statute does not give the stepfather the right to maintain an action for the death of his minor stepson, even as to the husband of such stepson’s own mother, and joining such stepfather as a plaintiff in such a case with the deceased minor’s own mother is a fatal misjoinder of parties plaintiff—as under the statute, where, as in this case, the deceased minor’s oivn father is also deceased, only his mother is given the right to maintain the action.</p>