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HOWELL v. RUSHING

No. 35397.

261 P.2d 217 (1953)

HOWELL et al. v. RUSHING.

Supreme Court of Oklahoma.

September 15, 1953.

Attorney(s) appearing for the Case

Reuel W. Little, Oklahoma City, Thomas E. Shaw, Madill, Edgar S. Vaught, Jr., Oklahoma City, for plaintiffs in error.

Welch & Welch, Madill, Pierce, Mock & Duncan, Oklahoma City, James W. Shepherd, Jr., Oklahoma City, of counsel, for defendant in error.

JOHNSON, Vice Chief Justice.

Plaintiffs, as parents and the sole and only heirs of Howard Gaines Howell, 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...

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