Pickett v. Matthews

FOSTER, Justice.

This is an action under the homicide statute (section 5696, Code), which gives a cause of action when death occurs as the result of the wrongful act, omission or negligence of another.

Count 1, for simple negligence, alleged that decedent was an invited guest of defendant, riding in an automobile. Count 2 was a wanton count. Count 3, for subsequent negligence, alleged that decedent was riding in an automobile operated by defendant. It did not allege whether she was a guest. But on demurrer it will be so presumed. Count 4, for subsequent negligence, alleged that decedent was an…