Legal Opinion

Brooks v. Boston & Northern Street Railway Co.

Massachusetts Supreme Judicial Court

Decided February 29, 1912PublishedCited by 62 opinions

Tort brought in the name of Louise N. Brooks for injuries sustained by her on September 5, 1905, when she was a passenger on an electric street car of the defendant, by reason of a collision with another car of the defendant.

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Tort brought in the name of Louise N. Brooks for injuries sustained by her on September 5, 1905, when she was a passenger on an electric street car of the defendant, by reason of a collision with another car of the defendant. Writ dated July 18, 1908. The case came on for trial before King, J. It appeared that Louise N. Brooks, who was named as plaintiff, died on February 12, 1907, the year previous to the date of the writ, and that on March 11, 1909, the year after the date of the writ, George H. W. Pulsifer was appointed administrator of her estate. It was admitted that there was sufficient…

1Opinion of the CourtRugg, C. J.

The question is, whether an action for personal injuries can be maintained, which is brought after the death of the person injured and before the appointment of an executor or administrator in which the dead person is named as party plaintiff. The cause of action which accrued to Louise N. Brooks during her life was not extinguished with her death, but might have been prosecuted by. her executor or administrator. R. L. c. 171, § 1. The writ is dated about seventeen months after her death and eight months before the appointment of the administrator of her estate. Nothing further appears as to…

2Cases cited4 opinions

  1. Patterson v. . PattersonNew York Court of Appeals · 1875
  2. McLaughlin v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1904
  3. Lewis v. AustinMassachusetts Supreme Judicial Court · 1887
  4. Feeley v. AndrewsMassachusetts Supreme Judicial Court · 1906

3Cited by62 opinions

  1. Thompson v. PeckSupreme Court of Pennsylvania · 1935
  2. Grimm, R. v. Grimm, A.Superior Court of Pennsylvania · 2016
  3. Clark v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1917
  4. Chandler v. DunlopMassachusetts Supreme Judicial Court · 1942
  5. Guth v. FreelandHawaii Supreme Court · 2001

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