Pisano v. B. M. & J. F. Shanley Co.

*3The opinion, of the court was delivered by

Depue, Chief Justice.

This was an action of tort to recover damages under the act entitled “An act to provide fox the recovery of damages in cases where the death of' a person is caused by wrongful act, neglect or default.” Gen. Sitó,, p. 1188. The plaintiff avers in his declaration that the deceased left him surviving a widow and a brother, who is the plaintiff in this suit, and that they were his next of kin, whereby an action by force of the statute accrued to the plaintiff as administrator. The declaration also sets out that on the 11th of April,…