Graham v. Consolidated Traction Co.

The opinion of the court was delivered by

Magie, Chief Justice.

There are two grounds upon which this rule to show cause must be made absolute.

The action is by the administrator of a deceased person to recover for himself, as the sole next of kin, damages for the death of the deceased under the provisions of the “Act to provide for the recovery of damages in cases where the death of a person is caused by wrongful act, neglect or default,” approved March 3d, 1848. Gen. Stat, p. 1188.

To succeed in such an action the plaintiff must establish by a preponderance of proof that the death was caused by…