Jenkins v. French
Supreme Court of New Hampshire
Assumpsit. The question reserved was, whether this action could be maintained against the administrators for unskilful treatment of the plaintiff by the deceased.
1Opinion of the CourtStanley, J.
The precise point here presented has been decided in Vittum v. Gilman, 48 N. H. 416, and we find no good reason to doubt the correctness of that decision.
It is conceded that if the action were in tort it could not be maintained ; but the plaintiff claims that, being in contract, a different rule prevails.
The general doctrine, to which this case forms no exception, is, that actions for the redress of personal injuries only do not survive, and this without regard to the form. It is true, as a general proposition, that actions in form ex contractu survive, but this is due rather to the substance…
2Cases cited1 opinion
- Wade v. . KalbfleischNew York Court of Appeals · 1874
3Cited by7 opinions
- GAASCH v. ST. PAUL FIRE AND MARINE INSURANCE CO.Supreme Court of Oklahoma · 2018
- Loveman v. HamiltonOhio Supreme Court · 1981
- Kelley v. Volkswagenwerk AktiengesellschaftSupreme Court of New Hampshire · 1970
- Stewart v. LeeSupreme Court of New Hampshire · 1899
- Meffley v. CattersonSupreme Court of Colorado · 1955
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