French v. Mascoma Flannel Co.
Supreme Court of New Hampshire
Case, for injuries. The writ is dated August 18, 1888. The declaration alleges negligence of the defendants in the discharge of a duty, whereby the deceased intestate was subjected to mental and bodily suffering, was strangled and drowned April 28, 1888. The defendants demurred, and assigned for cause of demurrer that the declaration does not allege that the deceased or his administrator, within sixty days after the injuries complained of were received, gave any notice of…
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Case, for injuries. The writ is dated August 18, 1888. The declaration alleges negligence of the defendants in the discharge of a duty, whereby the deceased intestate was subjected to mental and bodily suffering, was strangled and drowned April 28, 1888. The defendants demurred, and assigned for cause of demurrer that the declaration does not allege that the deceased or his administrator, within sixty days after the injuries complained of were received, gave any notice of the time when and the place where the injuries were sustained, and the cause thereof.
1Opinion of the CourtSmith, J.
At common law, causes of action which affect the estate survive for or against the executor, and those which affect-only the 'person die with the person. Section 16, c. 198, Gen. Laws (that an administrator may prosecute or defend any action pending for or against the deceased, whether the cause of action does or does not by law survive, if he or the surviving party so-elect) applies only to actions commenced m the lifetime of the deceased. If no action has been brought by the party injured where the cause of action does not survive, none can be by his personal representative in the absence…
2Cases cited1 opinion
- Ryalls v. Mechanics' MillsMassachusetts Supreme Judicial Court · 1889
3Cited by6 opinions
- Guerin v. New Hampshire Catholic Charities, Inc.Supreme Court of New Hampshire · 1980
- Trovato v. DeveauSupreme Court of New Hampshire · 1999
- Bruner v. LittleWashington Supreme Court · 1917
- Guerin v. New Hampshire Catholic Charities, Inc.Supreme Court of New Hampshire · 1980
- Harvey v. HoyleLouisiana Court of Appeal · 1917
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