Strain v. Kern

Opinion by

Mr. Justice Simpson,

As administrator of the estate of Joseph Strain, deceased, plaintiff sued defendant to recover damages for. the latter’s alleged negligence, which resulted in injuries' to and the death of plaintiff’s decedent. The affidavit of defense averred, as a matter of law, that plaintiff could not legally commence such an action; the court below sustained this contention and éntered judgment accordingly ; hence plaintiff appeals.

*211Conceding that the suit could not have been maintained prior to the passage of the Fiduciaries Act of June 7, 1917, P. L. 447, appellant “plants…