Pagel v. Notbohm

UHLENHOPP, Justice.

The controlling question in this appeal is whether defendants waived the defense of splitting of causes of action.

Two actions by plaintiff growing out of an automobile mishap are involved, both against the same defendants. Plaintiffs minor son was killed, plaintiff himself was injured, and plaintiff’s car was damaged in the mishap. In his first action, plaintiff as fiduciary of his son’s estate sought damages for the son’s wrongful death and plaintiff individually sought damages for the value of his son’s services during minority and for funeral expenses incident to his…