Harbin Lumber Co. v. Fowler

Quillian, Judge.

The plaintiff s action for the wrongful death of her daughter was attacked by the defendant on the ground that the suit should have been brought as a compulsory counterclaim in another and prior suit brought by the defendant against the plaintiff for damages arising out of an automobile collision. In the other action the plaintiff had answered and counterclaimed for personal injuries and damages she sustained but had not sought recovery for the wrongful death of her daughter which occurred in the same automobile collision.

In this action the defendant moved for a judgment on…