DURHAM, a MINOR, ETC. v. Durham

The plaintiff, an unemancipated minor, sued her father under the wrongful death statute (Section 1453, Code of 1942) for the wrongful death of plaintiff’s mother, the wife of defendant. The death wás the result of defendant’s simple negligence in the operation of an automobile. Plaintiff and defendant were the sole survivors of the deceased. The lower court sustained a demurrer to the declaration, and plaintiff appeals.

We dispose of two preliminary questions before discussing the main issue presented by this appeal.

The relationship between the deceased and defendant wag that of husband and…