Jeffries v. Farmers Union Co-operative Mercantile & Elevator Co.

The opinion of the court was delivered by

Burch, J.:

The action was one for damages for death of the plaintiff’s husband, prosecuted under the factory act. A demurrer to the petition was overruled, and a demurrer to a portion of the answer was sustained. The defendant appeals.

It is said the action was not maintainable by the widow of the deceased, and should have been prosecuted by a personal representative. The court held otherwise in the case of Mott, Adm’x, v. Long, 90 Kan. 110, 132 Pac. 998. An examination of the briefs in that case discloses that all the arguments now presented in favor of…