Bennett v. Hymers

I. If Stanley was a viable fetus at the time of the accident he can recover for injuries inflicted on him by defendant’s negligence. We decided in Poliquin v. MacDonald, 101 N. H. 104, that the administratrix of a stillborn infant who was a viable fetus when the collision occurred could maintain on its behalf an action under RSA 556:7, 9-14 for injuries and resulting death suffered by it while en ventre sa mere. Such an action could not be maintained under our law (RSA 556:7) unless “a right of action existed in favor of . . . the deceased at the time of his death.” Pitman v. Merriman, 80 N.…