Gorke v. Le Clerc

The substance of the plaintiff’s complaint is that plaintiff is the administrator of the estate of Baby Boy Gorke, that the baby was en ventre sa mere and due to be born in about two weeks when, as the result of the defendant’s negligent operation of her automobile, he was killed and caused to be born dead. To this complaint the defendant has demurred on the ground that there is no right of action to a stillborn child or to the representative of such stillborn child’s estate for injury or death which occurred to the child before birth.

The demurrer admits for the purpose of the present…