Marko v. Philadelphia Transportation Co.

Opinion by

Me. Justice Eagen,.The plaintiff in an action of trespass appeals from the decision of the court below, sustaining preliminary objections to the complaint in the nature of a demurrer.

The single question for decision may be stated thusly: Is there a right of recovery under the Pennsylvania Wrongful Death Act1 and Survival Statute2 by the administrator of an estate on behalf of a viable fetus that is stillborn?

The facts pleaded in the complaint are briefly these: Shirley Marko, six months’ pregnant with a “viable child”, was a passenger in a trackless trolley owned and operated by the…