Milliken v. Heddesheimer

For the purpose of considering and determining the question of first importance in this case, we are assuming that the inference rationally and properly may be drawn from the averments of the petition that the alleged criminal operation was performed with the consent of Iva J. Triplett, and, therefore, that she participated in the doing of the wrongful act which caused the injury resulting in her death.

This suit is maintainable only by virtue of the provisions of Sections 10770 and 10772, General Code, which authorize such action in the name of the personal representative on behalf of the…