Cronin v. Cronin

Esther Cronin sued her husband George and his insurer to recover under the death-by-wrongful-act statute, sec. 331.03, Stats., for the loss of the society and companionship of the infant daughter of the spouses resulting from the father’s striking and killing the child in negligently backing his automobile. The defendants demurred to' the complaint on the ground that it does'not state a cause of action. The court overruled the demurrer. The defendants appeal.

Sec. 331.03, Stats., expressly limits the bringing of the action to cases in which if death had not ensued the injured person would have…