In Re Estate of Hayden

The opinion of the court was delivered by

Parker, J.:

This is an appeal from a judgment rendered against the personal representative of a decedent’s estate in an action brought by a widow on behalf of herself and four minor children for the wrongful death of her husband, resulting from the crash of an airplane.

Reference to the pleadings on which the case was tried in district court is necessary only because they define the issues on which the case was tried. For all purposes essential to appellate review it may be said:

The petition charges that on March 22, 1951, the plaintiff’s husband,…