72 N.Y.S. 508 | N.Y. App. Div. | 1901
The question presented upon this appeal is whether the personal representatives of a deceased administrator can continue an action commenced by such administrator to recover the damages sustained
The cause of action thus sought to be enforced is one created by statute by which the personal representatives of a person whose death is caused by the negligence of another can maintain an action to recover the pecuniary damages sustained by the next of kin of the deceased caused by his death. The statute creating this cause of action (Code Civ. Proc. § 1902) provides that “ The executor or
It follows that the judgment appealed from must be reversed, with costs, and .the demurrer sustained, with costs, with leave to the plaintiff to amend upon payment of such costs.
Van Brunt, P. J., Patterson, McLaughlin and Laughlin, JJ., concurred.
Judgment reversed, with costs, and demurrer sustained, with costs, with leave to plaintiff to amend upon payment of such costs.