McLaughlin v. Hebron Mfg. Co.

BROWN, District Judge.

This is a demurrer to a declaration for negligence. The first and second counts allege that as a consequence of injuries received the plaintiff’s intestate was incapacitated to labor, was rendered insane, and put to great expense for medical attendance, etc. Neither .the first nor second count alleges that death ensued in consequence of the injuries. Where death does not ensue from the injuries complained of, but from other causes, an action survives, but of different character from that which is given by the statute in case of death. Lubrano v. Atlantic Mills, 19 R. I.…