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STATE OF MARYLAND v. BRANCH MOTOR EXPRESS CO.

285 A.D. 1078 (1955)

State of Maryland, for the Use of Peter D'Agostino and Another, et al., Respondents, v. Branch Motor Express Co., Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 16, 1955.

Order affirmed, with $10 costs and disbursements.

Neither the State of Maryland nor the respondent administrator represents the deceased driver. (Central N. Y. Coach Lines v. Syracuse Herald Co., 277 N.Y. 110; Stewart v. United Elec. Light & Power Co., 104 Md. 332.) No cause of action for pain and suffering prior to his death is alleged. The real plaintiffs are those who may be entitled to a distributive share of any judgment that may be obtained...

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