Rupe v. Smith

The opinion of the court was delivered by

Hall, J.:

This is an appeal from an order overruling a demurrer to the petition in a wrongful death action.

Gillie C. Rupe, the plaintiff and appellee in this action, filed a suit for wrongful death against Phyllis Maurene Smith and O. D. Smith, her father and natural guardian, defendants and appellants herein.

After proper allegations on capacity to sue, the plaintiff alleged that the defendant Phyllis Maurene Smith is unmarried and under the age of 21 years and that on the thirteenth day of October, 1955, Margaret Sue Rupe, daughter of plaintiff, was…