RAINEY v. Horn

The appellants, L. L. Rainey, his wife, Mrs. Ivon Beatrice Rainey, and their four minor children, sued appellee in the Circuit Court of George County for the wrongful death of Mrs. Rainey’s unborn child. The declaration, as amended, is based on Code Section 1453, the wrongful death statute. The trial in the lower court resulted in a hung jury, whereupon the court entered an order of mistrial and continued the case for further hearing. The appellee then filed a motion for judgment notwithstanding the mistrial verdict. The court sus tained this motion on the ground that appellee was entitled to…