Wehner v. MacDonald

The plaintiff brought this action against the Highway Commissioner under Section 1481 of the General Statutes, Rev. 1930, claiming $50,000. damages for the death of the plaintiff’s testator. The defendant has demurred to the complaint insofar as it claims damages in excess of $10,000., on the ground that “under Sec. 5987 of the General Statutes, in an action surviving to or brought by an executor or admin' istrator for injuries resulting in death, such executor or admin' istrator may recover from the party legally at fault just dam.' ages not exceeding $10,000.” The question thus presented is…