Flannigan v. Wilmington & New Castle Electric Railway Co.

18 Del. 415 | Del. Super. Ct. | 1900

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.