O'Donnell v. Hayden Truck Lines, Inc.

D. Connecticut

O'Donnell v. Hayden Truck Lines, Inc.

61 F. Supp. 823, 1945 U.S. Dist. LEXIS 2071

CourtDistrict Court, D. Connecticut

DecidedJuly 26, 1945

DocketCiv. A. No. 1385

StatusPublished

Cited by3 cases

This text of 61 F. Supp. 823 (O'Donnell v. Hayden Truck Lines, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'Donnell v. Hayden Truck Lines, Inc., 61 F. Supp. 823, 1945 U.S. Dist. LEXIS 2071 (D. Conn. 1945).

Pincite

Opinion

SMITH, District Judge.

This is a wrongful death action brought under the Connecticut statutes. The plaintiff, a resident of Rhode Island, sues as administratrix appointed by a Connecticut probate court.

The defendants Angrisani move to dismiss on the ground of lack of diversity, since they are parties defendant resident in Connecticut, contending that the real party in interest is the estate of the decedent, a Connecticut entity.

The motion must be denied. The powers and duties of the administratrix under her appointment make her a real party in interest even though the recoverv is for the ultimate benefit of others. McWilliams v. Dawson, D.C.N.D.Tex.1943, 48 F.Supp. 538, 539; Mecom, Administrator, v. Fitzsimmons Drilling Co., Inc., et al., 1931. 284 U.S. 183, 52 S.Ct. 84, 76 L.Ed. 233, 77 A.L.R. 904; and see Note, 54 Harvard Law Review, 1403-4.

The motion to dismiss is denied.

Free access — add to your briefcase to read the full text and ask questions with AI