Altzheimer v. Central Railroad

The opinion of the court was delivered by

Reed, J.

This action is brought to recover damages for the death of Theresa Altzheimer by her administrator under the Death act. The death occurred more than two years after the accident. To the declaration a special pleading was interposed setting up that the cause for action occurred more than two years before the bringing of the suit in question, and therefore was barred by the statute because, at the time of the beginning of such suit by the administrator, the deceased, if living, could not have maintained her action.

The replication to this plea set…