Reed v. Shallcross

Decided March 21, 1917

Superior Court of Delaware · decided 1917-03-21

Action by Mary C. Reed and Willard S. Reed (husband and wife jointfy as at common law) to recover damages for personal injuries to the wife by negligence. The declaration was filed. The wife subsequently died. An amended declaration was filed, admitted to be in substitution of the first. On special demurrer to the several counts in the amended declaration. Sustained.

Decided 1917-03-21

Boyce, J.,

¶1delivering the opinion of the court:

¶2[1-3] This action survives to the personal representative of the deceased in right of the deceased. Rev. Code 1915, § 4155. Upon the substitution of the administrator of the deceased as party plaintiff, the name of Willard S. Reed, who'joined with the wife in the action, but was not a necessary party (Rev. Code 1915, § 3052), automatically dropped. The declaration cannot, either before or after the death of the wife, contain any statement of a cause of action, for which the husband alone might sue.

¶3A recovery can only be had by the administrator in the right of Mary G. Reed, the deceased.

¶4The demurrer is sustained.