Marks v. St. Francis Hospital & School of Nursing, Inc.

The opinion of the court was delivered by

Thiele, J.:

The present appeal is from the order and decision of the trial court sustaining a demurrer to the plaintiffs’ amended petition.

Briefly stated, on November 8, 1954, plaintiffs, as surviving husband and children of Mary Marguerite Marks, commenced an action against the defendant, to recover for her wrongful death, alleged to have occurred on or about November 10, 1952. As a result of motions directed at the petition, an amended petition was filed on January 26, 1955. The defendant demurred to this petition on the ground it showed on its face…