Hunter v. McKinney

OPINION

By BELL, J.

This is an action by an administrator, for the benefit of his decedent’s estate, to recover the funeral expenses of his decedent. The death of plaintiff’s decedent is alleged to have been caused by the wrongful act of the defendant. , The action is not, however, brought under §10509-166 GC, the so-called “Wrongful Death Statute.” Defendant has entered a general demurrer to plaintiff’s petition.

The argument is made by the plaintiff that, since funeral expenses by their very nature, must be paid after death, they are an attendant damage and loss resulting from the injury which…