Day v. Brandon

HOLMAN, Judge.

Plaintiff, as administrator of the estate of Julia Day, deceased, filed this suit in an effort to recover damages in the sum of $25,000 for the alleged wrongful death of his decedent. The trial court sustained defendant’s motion to dismiss and plaintiff has duly appealed from that judgment.

The motion to dismiss was based on the ground that plaintiff’s petition failed “to state a claim upon which relief can be granted since it appears on the face of the petition that at the time of the death of Julia Day, she left a husband surviving her and under the Statutes of Missouri,…