Allen v. Ellis

The opinion of the court was delivered by

Wertz, J.:

This was an action for damages for wrongful death brought by plaintiffs (appellants) V. Lorene and Kenneth Allen as parents and next of kin of their deceased minor son Kenneth Eugene Allen against defendant (appellee) Jeffrey Orville Ellis, Jr.

Except as they define the issues, the pleadings are unimportant and require little attention. All that need be said concerning them is that the petition as amended alleged that plaintiffs’ son Kenneth was two years and nine months of age at the time of his death; that on June 16, 1960, at about 10:20 p.…