Henkel v. Hood

MABRY, Justice.

This is an appeal taken by plaintiff below from a judgment dismissing the cause of action upon the ground that the party suing was' not entitled to maintain the action.

The action was brought under 1941 Comp. § 24-101, for the alleged wrongful death of Madel T. Henkel, wife of the plaintiff. It was alleged in the complaint that the death arose through the negligence of defendants in parking a gasoline transport truck on a highway at night without setting out lighting or signal devices. The facts in the case and the character of the pleadings need not be particularly noticed. The…