Robostelli v. New York, N. H. & H. R. Co.

This action is brought upon section 1902 of the New York Code of Civil Procedure for an alleged wrongful act which caused the death of the piaintiii’s intestate. The section provides that such administrator “may maintain an action to recover damages for’’such wrongful act. In her declaration or complaint the plaintiff set out her cause of action upon that statute, and concluded: “Wherefore plaintiff demands judgment against the defendant in the sum of five thousand dollars, with the costs of this action.” The answer was in substance a denial of the complaint. Upon trial on these pleadings the…