Powell v. Simons

Moss, Chief Justice:

This action was instituted by Darlene L. Powell, as administratrix cum testamento annexo of the estate of Johnnie M. Powell, deceased, the respondent herein, against Joseph W. Simons, the appellant herein, to recover damages for the wrongful death of the said Johnnie M. Powell. This action was brought pursuant to Section 10-1951, et seq., of the Code, for the benefit of the widow and the surviving children.

The respondent’s testate was riding as a guest passenger in an automobile owned and operated by the appellant. It is alleged in the complaint that on November 9, 1967,…