Howard v. Bell Telephone Co.

Kun, J.,

This is an action in trespass filed February 23, 1927, by a widow, alleging that her husband died February 27, 1926, as a result of injuries sustained by him on September 28, 1905, alleged to be due to the alleged negligence of the defendant. On April 30, 1927, plaintiff filed her petition and obtained a rule thereon upon the defendant to show cause why the court should not determine in advance of a jury trial whether or not she had a right at law to bring her action. The petition in effect asked for a declaratory judgment on the question of whether or not the plaintiff’s action was…