Jewell v. Colby
Supreme Court of New Hampshire
Facts agreed. December 7, 1889, the defendant, by his wrongful act, caused the death of Martha Fortier under such circumstances as amount in law to felony, except as the same might be modified by proof of the defendant’s insanity. The plaintiff is administrator of said deceased, and has given notice in accordance with s. 2, c. 71, Laws of 1887. The writ is dated December 11, 1889. The deceased left, surviving her, her husband and two children.
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Facts agreed. December 7, 1889, the defendant, by his wrongful act, caused the death of Martha Fortier under such circumstances as amount in law to felony, except as the same might be modified by proof of the defendant’s insanity. The plaintiff is administrator of said deceased, and has given notice in accordance with s. 2, c. 71, Laws of 1887. The writ is dated December 11, 1889. The deceased left, surviving her, her husband and two children. The action is brought to recover damages for the injury to the person and estate of said deceased caused by said wrongful act and her consequent death.
1Opinion of the CourtBingham, J.
In the agreed case, it appears that the defendant is guilty of causing the death of Martha Fortier by his wrongful act, unless it is otherwise by reason of insanity. The question presented is, whether the defendant is liable for his torts, and especially those committed when insane. The executor or administrator of a deceased person, whose death was caused by the wrongful act or neglect of another, may recover damages of the wrongdoer for the injury to the deceased person and his estate caused by such act, although the death, in law, may be a felony. The cause of action survives, and may be…
2Cases cited3 opinions
- Bullock v. BabcockNew York Supreme Court · 1829
- Krom v. SchoonmakerNew York Supreme Court · 1848
- Morain v. DevlinMassachusetts Supreme Judicial Court · 1882
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