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HOGAN v. McDANIEL

319 S.W.2d 221 (1958)

Joe E. HOGAN et al. v. Charlie McDANIEL.

Supreme Court of Tennessee.

December 12, 1958.

Attorney(s) appearing for the Case

Tanner, Thrasher & Morgan, Chattanooga, for plaintiffs in error.

Goins & Gammon and Josiah Baker, Gus A. Wood, Jr., Chattanooga, for defendant in error.

NEIL, Chief Justice.

This case is before the Court on appeal from the action of the trial court in sustaining a demurrer to the plaintiffs' declaration, which reads in part as follows:

"That heretofore on or about the 29th day of January, 1958, at approximately 3:45 P.M., the decedent, an unborn child, viable, weighing 6 pounds 15 1/2 ounces, developed during 38 weeks of pregnancy of the mother, Mrs. Joe E. (Jo Etta) Hogan, was riding en ventre sa mere in...

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