3 Conn. Supp. 251 | Conn. Super. Ct. | 1936
This is an action for recovery, under the statute, for the death of the plaintiff's decedent as a result of the defendant's negligence. The acts complained of are alleged to have occurred on August 25, 1934 and the writ in this action is dated August 26, 1935. The reason alleged in support of the demurrer is that the action was not commenced within the year limited by the statute.
The plaintiff relies upon Blackman vs. Nearing,
The plaintiff further claims that even if it were permissible to serve the process on Sunday, the fact that administration was not taken out till Monday, August 26, 1935 excused him from bringing his action within the year limited by the statute. But in Radezky, et al., Admrs. vs. Sargent Co.,
With these defenses of the plaintiff against this defendant's demurrer thus disposed of, the action of this Court on the demurrer is governed by DeMartino, Admrx. vs. Siemon, which held that it must be alleged in the complaint that the injury which resulted in death occurred within one year next before the commencement of the action.
The demurrer is therefore sustained.