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Earl Flannigan, by Joseph Flannigan, his next friend, vs. Wilmington and New Castle Electric Railway Company

Delaware Superior Court1900-01-03No. Action on the Case No. 73
2 Penne. 41518 Del. 415

Authorities cited

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Opinion

majority opinion

The real plaintiff in this case being but three years old, Mr. Byrne raised the question as to who would sign the petition asking for the appointment of a next friend. The Court held that the father was the proper person by reason of the absolute incapacity of the child to either perform the act or to comprehend the nature and effect of the same.