Sakos v. Byers

The opinion of the court was delivered by

Bodine, J.

The plaintiff brought this action as administrator ad prosequendum, under the Death act. 2 Comp. Stat., p. 1904; 1 Cum. Supp. Comp. Stat., p. 926. The jury returned a verdict of no cause of action and the plaintiff appeals. It appears from the record that an attempt at settlement was made with the general administrator and money was paid thereunder. The learned trial judge directed the jury that in assessing damages credit should be given for the amount so paid. In this there was error.

The statute (Pamph. L. 1917, p. 531; 1 Cum. Supp. Comp.…