Van Blarcom v. Delaware, Lackawanna & Western Railroad

The opinion of the court was delivered by

Scudder, J.

The plaintiffs brought this action against the defendants under 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.” Rev., p. 294.

In the declaration the cause is styled an action of tort, and to this form of pleading a general demurrer has been filed. This objection is not a matter of form, but of substance, and may be raised by a general demurrer. Flanagan v. Camden Mutual Ins. Co., 1 Dutcher 506; Gregory v. Thomson, 2 Vroom 166. Prior to rule 16 of the Supreme…