Henrie v. Griffith

DAVISON, Justice.

This is' an appeal by J. Bryan Henrie (defendant below) from a judgment in favor of Derrell H. Griffith, Administrator of the Estate of Jolene Joyce Griffith, Deceased (plaintiff below) for damages by reason of the death of the deceased as a result of an unlawful operation, performed by defendant upon the decedent, for the purpose of producing an abortion. The appeal presents the single proposition of whether the trial court erred in overruling defendant’s demurrer to the amended petition, hereinafter referred to as petition.

The petition alleged, inter alia, that on March 3,…