Schmitt v. Emery

Peterson, Justice.

This action was brought by plaintiff as the personal representative of her deceased husband. The complaint sets forth two causes of action, one for the wrongful death of decedent and the other for damages to his personal property. Judgment on the pleadings in favor of defendants on the cause of action for wrongful death was granted. The only question on the appeal is whether the court erred in granting the judgment.

It appears that any recovery for wrongful death would be for plaintiff’s benefit as decedent’s sole heir at law and for payment of the funeral expenses. The…