Hatala v. Markiewicz

Plaintiff Joseph A. Hatala, the administrator of the estate of Baby Girl Hatala, alleges that the baby, en ventre sa mere, was due to be born in about a month or two and that as a result of the defendant’s negligent operation of an automobile the child was killed and caused to be stillborn. The defendant demurred to this complaint on the ground that there is no right of action to a stillborn child or to the representative of such stillborn child’s estate for injury or death which occurred to the child before birth. The demurrer admits for the purpose of the present proceeding to the truth of…