Sanchez v. Contract Trucking Co.

BICKLEY, Justice.

The complaint seeks damages for the alleged wrongful death of plaintiff’s intestate, arising out of a collision of a truck driven by the deceased and one driven by an employee of the defendant. It affirmatively appears from the complaint that the defendant’s truck was engaged in business as a common carrier at the time of the accident. The plaintiff is the administratrix of the estate of the decedent and sued as such.

A demurrer to the complaint appropriately challenged the plaintiff’s right to sue as administratrix. The demurrer was sustained, the plaintiff refused to further…