Truesdill v. Roach

The first issue is whether the mother is a necessary party plaintiff with the father in bringing an action for the wrongful death of their son. Sec. 331.04 (1), Stats., provides that an action for wrongful death may be brought either by the personal representative of the deceased person or by the person to whom the amount recovered belongs. Under the facts of this case the parents of the deceased are beneficiaries of the recovery for the wrongful death and also for additional damages for loss of society and companionship. Sec. 331.04 (2) and (4).

Sec. 260.12, Stats., provides that parties to…