Norcross v. Stuart

The opinion of the Court was drawn up by

Kent, J.

This action was instituted by the husband and wife, against the defendant as a common carrier of passengers, for injuries sustained by the wife alone. The only ground of damage'1 set forth in the declaration, is the alleged injuries to the person of the wife. The wife has died since the entry of the action. • The husband has been appointed administrator on her estate. A motion was filed, setting forth the fact of the death of the wife, and declaring, as the ground of the motion to dismiss the action, that it cannot be prosecuted by the husband…