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DITKOSKY, ADMX, v. SCHREIBER TRUCKING CO. ET AL.

82 Pa. D. & C. 385 (1951)

Ditkosky, Administratrix, v. Schreiber Trucking Company et al.

Common Pleas Court of Luzerne County, Pennsylvania.

November 21, 1951.

Attorney(s) appearing for the Case

George I. Puhak, for plaintiff.

William S. McLean, for defendants.

Before Valentine, P.J., Lewis and Pinola, JJ.

VALENTINE, P.J., November 21, 1951.

Plaintiff administratrix instituted suit under the Survival Act of July 2, 1937, P.L. 2755, to recover damages for the death of her decedent.

Defendants filed preliminary objections as follows:

"1. The plaintiff's decedent was instantly killed and no right of action, therefore, survives to his administratrix, the plaintiff in the captioned suit.

"2. The plaintiff is estopped from instituting this suit as...

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