Costoras v. Noel

At common law there was no action for wrongful death nor did tort actions for personal injuries survive. Burke v. Burnham, 97 N. H. 203; Dubois v. Pouliot, 97 N. H. 78; Hinman v. Director, 79 N. H. 518. Therefore any right of action which survived this injured plaintiff’s death did so solely by virtue of RSA ch. 556 and its predecessor statutes and only to the extent specified by them. Costoras v. Noel, 100 N. H. 81, 82. The statute which creates the right also limits its existence. Kostoras v. Hines, 80 N. H. 500.

When there is an action pending at the death of the person injured this action…