Tann

This action is one brought by the plaintiff to recover damages for the death of her husband, Emil Joseph Tann. From the complaint, it appears that the decedent was injured through the negligence of defendant corporation on January 16, 1913. Within one year from the date of his injury he commenced an action against said defendant for damages for the injury alleged to have been received. That action was at issue, and ready for trial at the time of his death, which, occurred on April 29, 1914.

On June 25, 1914, plaintiff, as “the surviving widow and heir of” said decedent, commenced the present action. After the commencement of the suit an amendment to the complaint was allowed whereby Prank G-. Drum and Warren Olney, Jr., receivers of the Western Pacific Railway Company, were made defendants.

Defendants demurred to the amended and supplementary complaint generally and specifically. In support of the special demurrer the defendants urged that the action was barred by subdivision 3, section 340, of the Code of Civil Procedure, to wit, the limitation of one year; also, that if the cause of action for injury sustained by the said Emil Joseph Tann survived to his widow, the complaint…