Ditkosky v. Schreiber Trucking Co.

Valentine, P. J.,

Plaintiff administratrix instituted suit under the Survival Act of July 2, 1937, P. L. 2755, to recover damages for the death of her decedent.

Defendants filed preliminary objections as follows:

“1. The plaintiff’s decedent was instantly killed and no right of action, therefore, survives to his administratrix, the plaintiff in the captioned suit.

“2. The plaintiff is estopped from instituting this suit as administratrix inasmuch as her claim as administratrix was included with her other claims as trustee ad litem and as widow of the decedent in the amicable suit instituted to…