Fowler v. Fowler

Taylor, Chief Justice.

The sole question for determination in this appeal is whether an action will lie, under the laws of this State, by the administrator of the estate of a deceased mother for her wrongful death against her husband for the benefit of the minor unemancipated children of the parties.

The issues arise under the pleadings, from which it appears that the mother died from injuries received when the truck in which she was riding as a passenger with her husband, and driven by him, overturned. It is alleged that the collision of the truck and the intestate’s resulting fatal injuries…