Fitzpatrick v. Pitcairn

The question in this case is whether, in an action against an incorporated railroad company for damages on account of wrongful death, the receivers of the railroad company, who were such at the time of the accident and when the suit was begun, may, after the statutory limitation of one year for commencing suit, be added or substituted as defendants in place of the railroad company.

Plaintiff’s husband and two minor children were accidentally killed by a passenger train on January 18, 1936, at a highway crossing in the village of Campus, in Livingston county. Within one year thereafter, as…