Blaylock v. Malernee

WELCH, V. C. J.

This action was instituted in the district court of 'Seminole county by Leah Ellen Blaylock, adminis-tratrix of the estate of Sue Blaylock, deceased, as plaintiff, against D. B. Malernee, as defendant, to recover damages for pain and suffering, and wrongful death of Sue Blaylock, deceased, the four and one-half years old daughter of plaintiff. The trial court sustained a demurrer to the evidence of plaintiff, at the close of plaintiff’s case, and from this judgment the plaintiff appeals. The parties will be referred to as they appeared in the trial court.

It is shown by the…