Graetz v. McKenzie

The opinion of the court was delivered by

Anders, O. J.

This was an action to recover damages for the death of L. W. Graetz, alleged to have been caused by the negligent act of the defendants, and was brought by the surviving wife and child of the deceased. The court below sustained a demurrer to the complaint on the ground that the plaintiffs had no legal capacity to sue, and accordingly gave judgment for defendants. The action was brought under § 8 of the Code of Washington, which reads as follows:

“ The widow, or widow and her children, or child or children, if no widow, of a man killed in a…