Kimberly v. Ledbetter

The opinion of the court was delivered by

Fatzer, J.:

This appeal is from an order overruling a demurrer to the petition.

The plaintiffs are the surviving spouse and five minor children of Alice Kimberly, deceased, and seek to recover damages for her wrongful death. The petition states the subject matter of the action to be:

“That on the 10th day of February, 1957, the defendant performed an operation upon Alice Kimberly, with the intent and for the purpose of causing an abortion or miscarriage by the said Alice Kimberly, although it was not necessary to preserve her life, neither had it been…