Lapsley v. Public Service Corp.

The opinion of the court was delivered by

Gummere, Chief Justice.

This action is brought by the plaintiff to recover the pecuniary loss sustained by the widow and next of kin of her decedent, Janies Lapsley, by his death, which is averred in the declaration to have been caused by the wrongful act and neglect of the defendant company.

The sole ground of demurrer relied upon by the defendant is that the declaration fails to aver that the present action was commenced within twelve calendar months after 1he death of the plaintiff’s decedent, as required by the second section of the act of March 3d,…