Cherrigan

This appeal is from a judgment entered upon a jury verdict in respondents’ favor in their wrongful death action against appellant. The principal question presented is whether the trial court properly disposed of issues raised at the trial by the facts (1) that respondent had remarried before the trial and (2) that she had been pregnant ■with the child before she married the decedent.

The decedent was killed on January 19, 1963, only 35 days after his marriage to respondent on December 15, 1962. The action was commenced on March 11, 1963, in the names of respondent and the child (who was then unborn) as plaintiffs. Respondent appeared under her given name and the decedent’s surname, which she bore as his widow. The child was born on May 14, 1963, and thereafter appeared, as a co-plaintiff with respondent, under his own name. Appellant admitted liability in the pleadings, 11 conditioned upon proof” that the child was decedent’s.

Answering appellant’s interrogatories in 1965, respondent disclosed among other things (1) that she had remarried on June 30, 1964, and (2) that she had become pregnant with the child in August 1962, four months before she married the decedent. At a…