Hubbard v. Chicago & Northwestern Railway Co.

Cassoday, 0. J.

This action was commenced September 28, 1891, by the service of a summons. The complaint alleges, in effect, that the plaintiff’s intestate was killed instantly, by the gross negligence of the defendant,. October 3, 1895; that he left five minor children, whose ages ranged from nine to nineteen years, but no widow; and that the plaintiff was appointed such administrator September 28, 1697.

The defendant answered by way of plea in abatement to the effect that the deceased left, him surviving, five minor children, but no widow, as stated; that upon the petition of • the brother of…