Aldridge v. Stout

On Appellant’s Motion for Rehearing.

The maxim, “actio personalis moritur cum persona,” as stated in the citation from Corpus Juris, heretofore mentioned, does not *1112apply to a case where the tort out of which the cause of action grows is the tort of a third party and not of the party deceased. Under this announcement in Corpus Juris is cited the case of Dayton v. Lynes, 30 Conn. 351, where a sheriff was charged with the default of a deputy sheriff, and it was held that after the death of the sheriff an action was maintainable against the latter’s administrator. It is probable that this holding…