Horsey v. Pennsylvania Railroad

RITCHIE, J.—

This is a suit instituted by an administrator founded upon injuries to the person of his intestate, alleged to have been caused by the negligence and default of the defendants. A demurrer has been filed to the declaration.

The first ground of demurrer is, that the declaration sets up a claim to recover damages for the death of the intestate. If it does, the objection of course is fatal, for neither at common law, under the Negligence Act, nor under any other statute, can an administrator maintain an action for damages resulting from the death of his intestate.

But the declaration is…