McFadden v. May

Opinion by

Mr. Chief Justice Kephart,

Helen L. McFadden Moss, a married woman, was killed in an automobile collision. Her mother brought this action against the driver of the automobile, setting forth in her statement of claim that although the husband of the daughter was living, he had deserted her. There were no children of the marriage. The affidavit of defense challenged the right of the mother to maintain the suit, in view of her allegation that deceased’s husband survived. The lower court entered judgment for defendant, from which this appeal was taken.

The question here raised is, may the…