Davenport v. . Patrick

PlaiNtiff’s Appeal.

Denny, J.

The plaintiff excepts to an order of tbe court below, allowing the defendant to amend his answer to show the relationship of the parties and to plead the wrongful conduct of the defendant as alleged by the plaintiff, as a bar to any recovery in this action.

In view of the stipulations entered 'into by the parties, the exception is rendered feckless.

The real question posed on plaintiff’s appeal is simply this: Where the death of a wife was caused by the negligence of her husband, there being no issue of the marriage, can the administrator of the deceased wife recover…