Webb v. French

BOULDIN, Justice.

Two automobiles, running upon a public highway, come into collision with each other. A person riding in one of the cars is lulled. The driver of the other car is fatally injured and dies within a few hours.

The personal representative of the estate of the former sues the personal representative of the estate of the latter claiming damages for death by wrongful act. Defendant interposes by way of plea that no cause of action survives in such case.

The trial court holds the plea good; whereupon the plaintiff takes a nonsuit for adverse rulings and appeals. Such is the case before…