Gallo v. Foley

This is an action of tort for personal injuries sustained by the plaintiff as a result of being struck by an automobile driven by one Ashton, the defendant’s intestate. The sole issue is whether the action was prematurely brought against the administrator.

The accident occurred January 13, 1932. Ashton died May 14, 1932. The defendant qualified as administrator by giving bond January 4, 1933. The writ was dated January 6, 1933, and was served on the defendant January 7.

G. L. (Ter. Ed.) c. 260 deals in general with the limitation of actions, classifying different types of actions in groups for…