Murphy v. Ives

These two cases involve separate but similar accidents, each involving the collision of an automobile with an abutment on a highway maintained by the defendant. They were separately .heard in the trial court but on appeal were argued together.

In the Murphy case, suit was instituted against the defendant, as highway commissioner, for the recovery of damages for the wrongful death of the plaintiff’s intestate. In the Donnelly case, suit was instituted for the recovery of damages for personal injuries. In each case, the first count of the complaint alleged a cause of action under the so-called…