Fowler v. Mohl

The opinion of the court was delivered by

Arn, J.:

This action was brought under the wrongful death statute (G. S. 1945 Supp. 60-3203) by a widow seeking to recover for herself and minor children for the death of the husband and father. Defendants bring the case here on appeal from the order of the trial court overruling their motion to strike plaintiff’s amended petition from the files and their demurrer to plaintiff’s amended petition.

The amended petition alleges that on the night of November 26, 1946, the decedent’s car collided with a house which was being moved along the highway by the…