Fountain v. Chicago, R. I. & P. Ry.

Lyle Brown, Justice.

This is a wrongful death case brought by appellant, Martha Fountain, Administratrix of the Estate of Johnnie 0. Thompson, deceased. Ap-pellees, Chicago, Rock Island & Pacific Railway Company, and its employee, successfully moved to strike all claims for pecuniary benefits and mental anguish. Thompson was survived by his mother and several brothers and sisters. The principal ruling of the trial court here attacked is that the death of the mother, which shortly followed the fatal accident to her son, extinguished any possible recovery for mental anguish.

Johnnie 0. Thompson,…