Munsert v. Farmers Mutual Automobile Insurance

The following opinion was filed October 11, 1938:

Fowler, J.

Appellant’s counsel conceive the question presented by the appeal to be whether the special administrator of the estate of an unemancipated minor killed by the wrongful act of his unemancipated minor brother can recover damages under the death-by-wrongful-act statute when the deceased is instantly killed and the parents of the deceased are the beneficiaries under the act.

Certain propositions are conceded by counsel for both parties, and we will spend no time in elucidating them. They are, that where one is instantaneously killed by…