Baldwin v. Butcher

Haymond, Judge:

The sole question to be determined upon this appeal from the final judgment of the Circuit Court of Cabell County rendered October 24, 1969, which dismissed the action of the plaintiff, Oren L. Baldwin, Administrator of the estate of Michael Allen Baldwin, deceased, a stillborn child, is whether under Sections 5 and 6, Article 7, Chapter 55, Code, 1931, as amended, known as the wrongful death statute of this State, an action may be *432maintained for the wrongful death of a viable; unborn child which was injured and subsequently stillborn as the result of the negligence of the…