TORTS - WRONGFUL DEATH - LIMITATION OF ACTION - FRAUD

Authors

Abstract

An administrator brought an action against the defendant power company for damages for the death of the plaintiff's intestate allegedly caused by the negligence of the defendant five years before the commencement of the suit. The statute permitting a cause of action for wrongful death provided that the action be brought "within one year after such death." The plaintiff alleged in his complaint that the delay in bringing the suit was due to a conspiracy by the defendant and others to suppress the knowledge of the death of the plaintiff's intestate. The defendant demurred to the complaint. Held, the limitation provision, being a condition to the cause of action, must be strictly complied with, and the charge of conspiracy is not competent to broaden the statute. The demurrer was properly sustained. Curlee v. Duke Power Co., (N. C. 1934) 172 s. E. 329.

Recommended Citation

TORTS - WRONGFUL DEATH - LIMITATION OF ACTION - FRAUD, 32 Mich. L. Rev. 1016 (1934).
Available at: https://repository.law.umich.edu/mlr/vol32/iss7/21