Brown, Admr. v. Bauman

OPINION

By RICHARDS, J.

An answer was filed, and when the case was reached for trial it was contended by-counsel for defendant that the action was one to recover for personal injuries and not one to recoven for death by wrongful act. We can not agree with that contention. The manifest purpose of the pleader, judg'ing by the averments of the petition, was not to recover damages for personal injuries suffered during the two days elapsing’between the injury and the death, but to recover for wrongful death. In no fewer than seven places in the original petition the averment, in slightly differing…