Macdougall v. Walthall

The opinion of the court was delivered by These three consolidated actions are for damages. Plaintiff Fred N. Pierson, administrator of the estate of Natalie Pierson, deceased, is claiming damages for the wrongful death of Natalie Pierson, and plaintiffs Jordan MacDougall and Don Taylor Marvin, are claiming damages for personal injuries. Defendant is Dr. Damon O. Walthall, administrator of the estate of John Daniel Walthall, deceased. All the claims arise out of an automobile accident which occurred on the evening of December 30, 1950, while Natalie Pierson, Jordan MacDougall and Don Taylor Marvin were riding as guests in a car driven by John Daniel Walthall, now deceased, on Mission Drive in the city of Mission Hills. Plaintiffs filed substantially similar petitions with the probate court which were subsequently certified to the district court for trial by jury. Pierson and Marvin filed amended petitions. Defendant demurred to the original petition of plaintiff MacDougall and the second amended petitions of plaintiffs Pierson and Marvin. Appeal was taken from the order of the trial court overruling the three respective demurrers.