Carbary v. Detroit United Railway

The plaintiff brought an action in the capacity of administrator. The declaration contained two counts, one under what has come to be known as the “ Survival Act” (3 Comp. Laws, § 10117), and the other under the “ Death Act” (3 Comp. Laws, § 10427), so-called, two statutes of this State relating to actions of negligence. The first count alleges the negligent injury of plaintiff’s intestate, and his survival for a period of 10 minutes. The other alleges his instantaneous death through defendant’s negligence. From an order overruling defendant’s demurrer to this declaration it has appealed, and…