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DURRETT v. OWENS

371 S.W.2d 433 (1963)

Lurton E. DURRETT, and wife, Mary T. Durrett, Plaintiffs in Error, v. Willie Lee OWENS, Defendant in Error.

Supreme Court of Tennessee.

October 11, 1963.

Attorney(s) appearing for the Case

Ward DeWitt, Jr., Nashville, for plaintiffs in error.

W. Ovid Collins, Jr., Nashville, for defendant in error.

WHITE, Justice.

This is an appeal from the action of the trial judge in sustaining a demurrer to the declaration and dismissing the action. The declaration reads, in part, as follows:

"Plaintiffs bring this action for the wrongful death of their minor son who was killed in an automobile accident as hereinafter described on September 6, 1962. At the time of said accident said minor child was unborn, viable, developed during approximately seven and one-half...

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