Cooper v. Shore Electric Co.
Supreme Court of New Jersey
This was an action brought by the plaintiff as administrator of the deceased for causing the death of Lessie Madison by the negligent and careless conduct and management by the •defendants and their employes of the defendants’ telephone and electric light wires, whereby the deceased received an •electric shock from the effects of which she died.
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This was an action brought by the plaintiff as administrator of the deceased for causing the death of Lessie Madison by the negligent and careless conduct and management by the •defendants and their employes of the defendants’ telephone and electric light wires, whereby the deceased received an •electric shock from the effects of which she died. The action was brought in virtue of an act entitled “An act to provide for the recovery of damages in cases where the death of a person is caused by wrongful act, neglect or default,” approved March 3d, 1848. Gen. 8tat., p. 1188. The suit was for the…
1Opinion of the Court
The opinion of the court was delivered by •
Depue, J.
The sole question presented on the record is, Did the action abate on the death of the next of kin for whose benefit suit was brought? The administrator of the deceased is the party on the record in whose name as party the suit is prosecuted. The suit, therefore, did not by the practice and procedure at common law abate for the want of parties. The death of the administrator would not abate the suit. The suit would be continued in the name of the new administrator. Mundt v. Glokner, 24 N. Y. App. Div. 110. The substantial question in the…
2Cases cited1 opinion
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
3Cited by45 opinions
- Van Beeck v. Sabine Towing Co.Supreme Court of the United States · 1937
- Johnson v. Consolidated Freightways, Inc.Supreme Court of Minnesota · 1988
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
- Green v. BittnerSupreme Court of New Jersey · 1980
- Alfone v. SarnoSupreme Court of New Jersey · 1981
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