Riley v. Fallon

The opinion of the court was delivered by

Harvey, C. J.;

The controversy presented here is which of two actions for damages for wrongful death may proceed to trial in the district court. The facts are not controverted and may be stated as follows; William L. Riley, a resident of Lampasas, Texas, while visiting in Wichita, Kansas, was killed on June 10,1951, in a collision of an automobile in which he was riding and an automobile driven by Virgil Fallon. On July 2, 1951, his widow, Nova J. Riley, whose residence is Lampasas, Texas, brought an action in the district court of Sedgwick County,…