Crouse v. New York State Railways

Cheney, J.:

The action is brought pursuant to section 130 of the Decedent Estate Law to recover damages for death by wrongful act.

Defendant moves for judgment dismissing the. complaint upon the grounds that it appears on the face thereof that the plaintiff has not legal capacity to sue, and that the complaint does not state facts sufficient to constitute a cause of action.

The question to be determined is whether the plaintiff can maintain the action, as the complaint in all other particulars contains appropriate allegations constituting a cause of action under that statute.

The statute provides…