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

(concurring in result). 1 am authorized to say that Justices RILEY, HURST, and ARNOLD concur in the views which I express with respect to the issue covered in syllabus No. 2 of the opinion of the court. I concur in the result reached,. but upon a different theory.

The first proposition argued in this appeal relates to the failure of the plaintiff to prove that no administrator has been appointed, as a condition to the right of the widow to maintain the action. 12 O. S. 1941 §§ 1053-1054. This argument is based on several Oklahoma decisions holding that it must be alleged and proved that no…