Smith v. London

SCHOTT, Judge.

Plaintiffs, who are the parents and siblings of decedent Lawrence Mark Mason, appeal from a judgment dismissing their wrongful death action brought under LSA C.C. Art. 2315. Their petition was filed jointly with that of Mutana Smith, the mother and natural tutrix of Bethamie Smith, the illegitimate child of Lawrence Mark Mason. The trial court dismissed appellants’ suit on exceptions of no right and/or cause of action noting that “the defect complained of in the exceptions cannot be cured by amendment.”

The issues in this court as framed by appellants are:

“1) Whether the…