MITCHELL v. COUCH


285 S.W.2d 901 (1955)

Lester MITCHELL, Administrator of Infant Mitchell, Deceased, Appellant, v. Doyle COUCH, Appellee.

Court of Appeals of Kentucky.

December 2, 1955.


Attorney(s) appearing for the Case

Isaac Turner, Hyden, for appellant.

Brown & Bird, London, for appellee.


STEWART, Chief Justice.

This is an action wherein damages are sought by the administrator for the wrongful death of an unnamed infant whose decease was alleged to have been solely caused by a prenatal injury. The lower court, after a pre-trial conference, sustained the motion of appellee, Doyle Couch, to dismiss the complaint for the reason that it failed to state a claim upon which relief may be granted. This appeal is from the order of dismissal entered.

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