Fetters v. Wagner

Shughart, P. J.,

The question before the court is whether the funeral expenses of decedent are a proper item of damages in a suit brought by the administratrix c.t.a. of decedent under section 603 of the Fiduciaries Act of April 18, 1949, P. L. 512, 20 PS §320.603, commonly referred to as the Survival Act.

A proper understanding of the case requires a recital of the factual situation. Decedent, Jane Krozier, died as a result of an automobile accident which occurred on August 28, 1959. Immediately prior to the accident, decedent was riding as a passenger in an automobile operated by her husband,…