Bowden v. Jacksonville Elec. Co.

• Decision Date: 05 June 1906
• Citation: 51 Fla. 152,41 So. 400
• Parties: BOWDEN v. JACKSONVILLE ELECTRIC CO.
• Court: Florida Supreme Court

41 So. 400

51 Fla. 152

BOWDEN v. JACKSONVILLE ELECTRIC CO.

Florida Supreme Court, Division A.

June 5, 1906

Error to Circuit Court, Duval County; Rhydon M. Call, Judge.

Action by Wallace G. Bowden, as administrator of Reuben Bowden against the Jacksonville Electric Company. Judgment for defendant, and plaintiff brings error. Reversed.

Syllabus by the Court

SYLLABUS

An administrator may be appointed to administer upon the estate of a deceased minor.

An administrator of the estate of a deceased minor, under the provisions of sections 2342 and 2343 of the Revised Statutes of 1892, may recover damages for the death of his intestate when such death was caused by the wrongful act, negligence carelessness, or default of a corporation or its agents when acting as such, and such minor leaves neither widow nor minor child or children, nor any person or persons dependent on him for a support.

An allegation in a declaration that 'W. G. B. was duly appointed as administrator of the estate of said R. B deceased,' is equivalent to an allegation that such administrator was appointed according to law.

Under section 17 of article 5 of the Constritution one county judge has general power to grant letters of administration, and, as such letters of administration can lawfully be granted on the estate of a deceased minor, an allegation in a declaration that a named person was duly appointed as administrator of the estate of a named deceased minor is a sufficient allegation of the granting of such letters; the regularity of the granting thereof not being subject to collateral attack.

COUNSEL Bryan & Bryan, for plaintiff in error.

J. E Hartridge, for defendant in error.

OPINION

WHITFIELD J.

The plaintiff in error, as administrator, brought an action in the circuit court for Duval county to recover damages for the death of Reuben Bowden, alleged to have been caused by the wrongful act of the defendant in error. The declaration contains six counts, and alleges that Reuben Bowden on August 25, 1904, died from injuries received while a passenger on one of defendant's street cars by the careless and negligent operation of said cars by defendant, 'and that the said Reuben Bowden died leaving neither widow nor minor child or children, nor any person or persons dependent upon him, the said Reuben Bowden, for a support; that the said Wallace G. Bowden, plaintiff, was on, to wit, August 30, 1904, duly appointed as administrator of the estate of said Reuben Bowden, deceased.' A demurrer to the declaration was overruled, and the defendant pleaded to each of the six counts: (1) Not guilty; (2) the death of the said Reuben Bowden was caused solely by his own negligence, and not otherwise; (3) that Reuben Bowden, deceased, of whom the said Wallace G. Bowden claims to be administrator, was, at the time of his death, an infant under 21 years of age, and that there is no authority under the laws of the state of Florida for the appointment of an administrator of a minor. Issue was joined on the first and second pleas. The third plea was demurred to on the grounds (1) that it presents no defense to the plaintiff's cause of action; (2) the appointment as administrator is valid. This demurrer to the third plea was overruled. The plaintiff refused to plead further, refused to join issue on the third plea, and elected to stand on his demurrer to the third plea. Thereupon the court rendered final judgment on the demurrer for the defendant. The plaintiff took writ of error, and assigns as errors (1) the overruling of plaintiff's demurrer to the defendant's third plea; (2) the entering of judgment for the defendant and against the plaintiff.

The question presented for determination is whether there is authority under the laws of this state for the appointment of an administrator of a minor. There are decisions holding the appointment of an administrator of the estate of a deceased minor unnecessary under given circumstances (see Hargroves' Adm'r v. Thompson, 31 Miss. 211; Lynch v. Rotan, 39 Ill. 14), but no authority is produced denying the power of a proper court to grant letters of administration on the estate of a deceased minor. On the contrary, there are a number of cases to be found in which the administrators of the estates of deceased minors have been recognized. See Jones v. Dexter, 8 Fla. 276; Barrett v. Provincher, 39 Neb. 773, 58 N.W. 292; City of Horton v. Trompeter, 53 Kan. 150, 35 P. 1106; Wheeler, Adm'r, v. St. Joseph & W. Ry. Co., 31 Kan. 640, 3 P. 297; Union Pacific Ry. Co. v. Dundon, 37 Kan. 1, 14 P. 501; City of Chicago v. Scholten, 75 Ill. 468; 18 Cyc. 63; 1 Woerner's American Law of Administration (2d Ed.) § 201; 11 Amer. & Eng. Ency. Law, 744; Chicago & Alton R. R. Co. v. Logue, Adm'r, 47 Ill.App. 292; Estate of Livermore, 132 Cal. 99, 64 P. 113, 84 Am. St. Rep. 37; Lawrence v. Birney, 40 Iowa, 377; Kennedy v. Ryall, Adm'r, 67 N.Y. 379. See, also, extended note to Blood v. Kane (N. Y.) 15 L. R. A. 490.

A minor may acquire property and may be charged with obligations for which his estate would be liable--for example, for those imposed on him by law, for necessaries, and for certain torts and other obligations known to the law--and these obligations, as well as property rights belonging to the minor, after his death are enforced ordinarily through an administrator or executor. See George & Ratcliffe v. Dawson's Guardian, 18 Mo. 407; Cobb v. Brown, Speer's Eq. (S. C.) 564; 16 Amer. & Eng. Ency. Law (2d Ed.) 273 et seq.; Shropshire v. Burns, Adm'r, 46 Ala. 108.

The sections of the Revised Statutes of 1892 under which this action is brought are:

'Sec. 2342. Whenever the death of any person in this state shall be caused by the wrongful act, negligence, carelessness or default of any individual or individuals, or by the wrongful act, negligence, carelessness or default of any corporation, or by the wrongful act, carelessness, negligence or default of any agent of any corporation, acting in his capacity of agent of such corporation, and the act, negligence, carelessness or default is such as would, if death had not ensued, have entitled the party injured thereby to maintain an action for damages in respect thereof, then and in every such case the person or persons who, or corporation which would have been liable in damages, if death had not ensued, shall be liable to an action for damages, notwithstanding the

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