W. K. McLEAN, Administrator for the Estate of MACK RAMSEY, Deceased, v. T. N. RAMSEY.
(Filed 25 February, 1942.)
Death § 4—
A complaint alleging a willful and felonious slaying states a cause of action for wrongful death, and a demurrer thereto on the ground that the complaint set up a purported action in negligence and failed to particularize with facts and circumstances supporting the general allegation of negligence, is properly overruled.
Appeal by defendant from Qwyn, J., at Chambers, 21 November, 1941. From MadisoN.
Affirmed.
Jones, Ward & Jones and Calvin R. Edney for plaintiff, appellee.
Roberts & Batey and J ohn H. McElroy for defendant, appellant.
Per Ouriamc.
This case comes here on appeal of defendant from a judgment overruling a demurrer to the complaint as not stating a cause of action. The action is for recovery of damages for the unlawful killing of plaintiff’s intestate. The gist of the demurrer is that the complaint sets up a purported action in negligence and does not particularize with facts and circumstances supporting the general allegation of negligence. But the complaint alleges a willful and felonious slaying, and therefore sets up a good cause of action.
The demurrer was properly overruled and the judgment is
Affirmed.