Ross v. Robinson

Argued on rehearing September 8; former opinion and judgment of circuit court reversed September 15, 1942

On Rehearing

(128 P. (2d) 956)

Before Kelly, Chief Justice, and Belt, Bailey, Lusk, Rand, Rossman and Brand, Associate Justices. BAILEY, J.

In our former opinion herein, it was pointed out that the action was brought by the personal representative of the deceased for the benefit of her estate; that the case was tried in the circuit court on the theory that recovery, if any, would be for the benefit of the decedent’s estate; and that our decision was based on that theory. It was further…