Gannon v. Lawler

Heiligman, J.,

This is a suit in which plaintiff is suing in two capacities, namely, as widow of Michael J. Gannon and as administratrix of his estate, to recover for the damage sustained by her in both capacities by reason of the injury and the death of her husband. The death occurred on December 28, 1937, allegedly as the result of being struck by defendant’s automobile on December 13, 1937. No suit of any kind was instituted by decedent against defendant.

An affidavit of defense in lieu of a demurrer was filed by defendant raising the question of whether plaintiff could sue and recover in…