Howell v. Rushing

JOHNSON, Vice Chief Justice.

Plaintiffs, as parents and the sole and only heirs of Howard Gaines flowell, deceased, brought this action for the benefit of the heirs and next of kin of decedent to recover damages allegedly sustained by them as a result of the death of decedent, their unborn child, which they allege was caused by the negligence of defendant. The trial court sustained a demurrer to the petition on the ground that the petition failed to state a cause of action. Defendant concedes that the petition is good against a demurrer except for the ground that “there is no right of action…