Day v. Campbell-Grosjean Roofing & Sheet Metal Corp.

TATE, Justice.

The late Wimberly Day was killed in a truck accident. Before us is the claim of his widow and one child, whose suit was dismissed by the court of appeal.

In this same suit, however, two children of the same decedent by his first marriage have, by final judgment of the same court, been awarded wrongful death benefits because of the negligence of the respondents’ truckdriver. 241 So.2d 38 (La.App. 2d Cir. 1970), certiorari denied, 256 La. 1142, 241 So.2d 250 (1970).

The claim by the present widow and child was dismissed by the court of appeal at its first hearing, due to failure of…