The opinion of the court was delivered by This was an action by Maria S. Vakas, plaintiff (appellee), as
administratrix of her deceased husband's estate, to recover
damages for the wrongful death of her husband occasioned when his
stalled automobile, in which he was an occupant, was struck by a
vehicle being driven by Ronald Collins, defendant (appellant).
The petition alleged concurrent negligence on the part of
defendants, Ronald Collins and Lee Pyle. Pyle did not appeal and
it is unnecessary to relate the portion of the petition applying
to him. The sole question for review is whether the petition
stated a cause of action against Collins. The pertinent allegations of the amended petition stated that
plaintiff's deceased husband was fatally injured and died
intestate February 15, 1958, and that, as the duly appointed
administratrix of his estate, she brought this action for the
benefit of herself and their two children as the sole heirs.