Green v. Thompson
This text of 5 N.W. 376 (Green v. Thompson) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Action for an injury to the person of plaintiff’s testator, causing his death; there being no contract relation connected with the injury. After a demurrer to the complaint had been overruled, defendant, Thompson died. This is a motion to substitute his executors as parties defendant.
At common law, a cause of action for a pure personal tort died with the death of either party. It is the same under the statute, except as changed by Gen. St. 1878, c. 77, § 2. The change effected by that section does not extend to preserving the cause of action in such case against the representatives of the deceased tort-feasor.
Motion denied.
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Cite This Page — Counsel Stack
5 N.W. 376, 26 Minn. 500, 1880 Minn. LEXIS 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-thompson-minn-1880.