Royal Crown Bottling Co. v. Bell

Felton, Chief Judge,

concurring in part and dissenting in part.' I concur in the judgments overruling the general and special demurrers to the petition. I dissent from the judgments of the majority for the reason that I do not think the court should have submitted to the jury the question whether the deaths of Mr. and Mrs. Pennington were simultaneous.

The common-law rule regarding death in a common catastrophe is as follows: “Where two or more persons perish in the same disaster and there is no fact or circumstance to prove which survived, the law will no more presume that all died at the same…