Rohlfing v. Moses Akiona, Ltd.

*374OPINION OF THE COURT BY

LEWIS, J.

This is an appeal by the administratoT of an estate whose complaint under R.L.H. 1955, § 246-6,1 was dis*375missed on motion of defendants under H.R.O.P., Rule 12(b), for failure to state a claim upon which relief can be granted. The complaint alleged that plaintiff’s intestate, four years of age, fell into a water hole and Avas drowned through the carelessness of defendant Moses Akiona, Ltd., a contractor for the other defendant, City and County of Honolulu.

The trial court was of the vieAV that when a person is injured and then dies the cause of action survives…