Elliott v. McKenzie

The opinion of the court was delivered by

Wertz, J.:

This was an action to recover damages for wrongful death. Defendants appeal from an order of the trial court overruling their demurrer to plaintiffs’ amended petition.

The allegations of the amended petition pertinent to the questions here involved may'be summarized: Plaintiffs Byron and Grethell Elliott were the father and mother of Larry Elliott who lost his life on December 19, 1954, at the age of fifteen years, while a guest in an automobile owned by defendant Edwin McKenzie, and being driven by defendant James McKenzie, Edwin’s son, a…