Nelms Ex Rel. Nelms v. Bright

STOCKARD, Commissioner.

This action for $15,000 compensatory damages was instituted by Patricia Nelms for the wrongful death of her mother, Syble Marie Nelms, who met her death on November 15, 1952, as the result of an automobile collision. Suit was not filed by the surviving husband within the prescribed time and plaintiff, who alleges in her petition that she “is a minor daughter of the deceased,” brought this suit within one year. The petition makes no reference to other minor children.

On March 13, 1954, more than one year before this case went to trial, defendant filed a motion to dismiss…