Gowan Ex Rel. Estate of Gowan v. Thomas

Stukes, Chief Justice.

This appeal presents the single, sharp legal issue of whether funeral expenses are recoverable in an action under the survival statute, Section 10-209 of the Code of 1952, which follows in part:

“Causes of action for and in respect to * * * any and all injuries to the person * * * shall survive both to and against the personal or real representative * *

It is alleged in the complaint that plaintiff brought the action for the benefit of the estate of the deceased for the conscious pain and suffering that the deceased sustained as a result of an accident, and for the…