Rishworth v. Moss

*851On Motion for Rehearing.

It is contended that plaintiff’s cause of action must find its basis in our death statute, and that no other judgment could legally have been rendered than the one appealed from, the theory being that appellees were not guilty of wrongful acts such as would have given Imogene Rishworth a cause of action had she survived the anaesthetic and the operation, and that, therefore, under article 4695 (R. S. 1911) her parents have ho cause of action.

At common law the parent could recover for loss of services of a child, when deprived of such services or part thereof by…