Harrigan v. Marvell

This is an appeal from a final decree entered upon a bill in equity brought under G. L. (Ter. Ed.) c. 228, § 5, as appearing in St. 1937, c. 406, § 1, ordering the executor to appear and defend a pending action of tort which had been commenced against his testator during his lifetime. The judge made findings of fact and the evidence is reported.

Some of the facts are undisputed and others we find for ourselves. The plaintiff on September 22, 1942, commenced an action of tort to recover damages for alleged malpractice by the original defendant, a physician, who died testate on June 12, 1945.…