Layton v. Rowland

As to the demurrer to the first cause of action, the case is ruled by Mesar v. Southern Surety Co., post, p. 578, 222 N. W. 809, decided herewith, and the order of the trial court must be affirmed.

The second cause of action involves a single question of law, which is decisive of the issue, and that is, whether an action for. death by wrongful act, under sec. 331.01, Stats., survives the death of the wrongdoer.

It was admitted on the argument, as the fact is, that Kranz v. Wis. Trust Co. 155 Wis. 40, 143 N. W. 1049, holding that the action does not survive, rules this case, and in order to…