Orr v. Ahern

The plaintiff, a resident of Com necticut, seeks to recover damages for personal injuries alleged in his complaint to have been caused him through the negligent conduct of the defendant administrator’s intestate in the State of New York. The defendant demurred upon the grounds that the action did not survive at common law, and the complaint does not allege that in the State of New York the action survived against the estate of the defendant’s intestate.

The action- is a common-law action for a tort resulting in personal injuries committed in the State of New York; it is a transitory, not a…