Kraus v. Board of County Road Commissioners

EDWARDS, Circuit Judge.

This is an appeal from the dismissal of a widow’s complaint in a diversity action. Appellant sought damages for the death of her husband in an automobile accident resulting from the alleged negligence of the two counties concerned in failing to keep their roads in a condition “reasonably safe and convenient for public travel.” The action was dismissed on motion by the District Court for want' of the statutorily required notice.

The right to the cause of action filed in this case is created by the Michigan Wrongful Death Act, Mich.Stat.Ann. § 27A.2922 (1962), Comp.Laws…