Carroll v. Skloff

Opinion by

Mr. Justice Eagen,

The interesting question posed by this appeal may be stated as follows: Is there a right of recovery under the Pennsylvania Wrongful Death Act 1 and Survival Statute 2 by the administrator of an estate on behalf of an infant aborted, while en ventre sa mere, as the result of a direct trauma?

The issue came before the lower court on defendant’s preliminary objections in the nature of a demurrer to plaintiff’s complaint in trespass.

The pertinent allegations of the complaint may be summarized thusly:

The plaintiff, father of an unborn child, sued the defendant, a…