Rosenbloom v. Southern Pacific Co.

This is an appeal by the defendant, Southern Pacific Company, from a judgment against it for $5,000 in an action by plaintiff to recover damages because of the death of her minor child, alleged to have been caused by the negligence of said defendant.

A motion for nonsuit was granted as to the other defendant in the action, evidently upon the principle that the cause of action did not survive the death of Louis Stout.

The appellant urges, first, that the complaint does not state facts sufficient to constitute a cause of action, in that there is no allegation that the plaintiff’s husband is dead…