Schilling v. Chicago, North Shore & Milwaukee Railroad

First we will discuss the order sustaining the defendants’ demurrer to the amended complaint of Ragna Marie Schilling. In order to maintain this cause of action in her own name plaintiff must come within the provisions of sec. 331.04 (1), Stats., which so far as applicable here provides:

“Every such action shall be brought by and in the name of the personal representative of such deceased person, . . . provided, that if there be no cause of action in favor of the estate of such decedent and the person or persons to whom the whole amount sued for and recovered belongs, as above provided, shall…