Kansas, O. & G. Ry. Co. v. Pruitt

For wrongful death of Bedford J. Pruitt, his surviving widow recovered judgment for herself and minor children against the Kansas, Oklahoma & Gulf Railway Company, and the defendant appealed.

Plaintiff maintained the action under 12 O. S. 1941 § 1054, as is authorized when no personal representative or ad ministrator has been appointed. Such lack of appointment was alleged in the petition. Defendant made no specific attack on the right or capacity of plaintiff to maintain the action. Defendant’s entire pleadings were incorporated or included in an answer containing a general denial and a…