Berry, Admr. v. Rutland Railroad Co.

The decedent, a resident of Middletown, Connecticut, was killed on a grade crossing by a train of the defendant railroad. This action was brought by his administrator under the provisions of G-. L. 3314 and 3315, to recover damages for the benefit of his widow and children. The defendant filed an answer in which the legality of the appointment of the plaintiff as administrator is denied, because, as it is alleged, the probate court was without jurisdiction to appoint him, since neither the decedent nor the defendant was a resident of the probate district and the decedent left no property…