Hogan v. McDaniel

This case is before the Court on appeal from the action of the trial court in sustaining a demurrer to the plaintiffs’ declaration, which reads in part as follows:

“That heretofore on or about the 29th day of January, 1958, at approximately 3 :45 P.M., the decedent, an unborn child, viable, weighing 6 pounds 15% ounces, developed during 38 weeks of pregnancy of the mother, Mrs. Joe E. (Jo Etta) Hogan, was riding en ventre sa mere in automobile being driven by said Mrs. Joe E. (Jo Etta) Hogan, in a southerly direction on Highway 58 approaching the intersection of said highway with Turkey Foot…