Cain v. New York Central Railroad

On December 15, 1953 plaintiff brought an action as administrator of the estate of Emma Dooley, also known as Emma Milhouse, for wrongful death arising out of an occurrence on January 18, 1953 in which plaintiff’s intestate sustained personal injuries alleged to have resulted in her death on October 9,1953.

On February 26, 1959 plaintiff obtained leave and filed an amended complaint setting forth the wrongful death action as Count I, and adding Count II as an alternative cause of action. The latter alleged damages for pain and suffering, medical care and wage loss as a result of the same…