State Ex Rel. Wharton v. Babcock

Olsen, C.

The petitioner, Emma Wharton, appeals from an order sustaining a demurrer to the petition and alternative writ of mandamus herein.

L. 1929, p. 564, c. 394, directs the commissioner of highways to pay out of the trunk highway fund, to divers persons and parties therein named, certain sums of money as damages for personal injuries and damages to property caused “through negligence of the employes of the Department of Highways.” Section 10 of the act provides for payment of $2,700 to the petitioner, “Emma Wharton, widow of Clyde S. Wharton, whose death was caused as the result of the…