Hegerich v. Keddie

Beady, J.:

This action was brought by the administratrix above named, to recover from the executor of David Cant damages for personal injuries received by the plaintiff’s intestate which resulted in his death, and which injuries were alleged to have been caused by the negligence of the defendant’s testator. The defendant relies upon the statutes of 1847 and amendments (see 4 B. S. [Edm. ed.], 526, 527), and sections 1902, 1904 of the Code of Civil Procedure. 'The defendant demurred and the demurrer was sustained.

The question presented in this case is whether the action may be maintained…