Wolf v. Wall

40 Ohio St. (N.S.) 111

Opinion

By the Court.

1. At common law an action for an injury to the person caused by the want of shill or negligence of a surgeon, although based on contract, did not survive the death of either party. Vettner v. Gilman, 48 N. H., 416; Jenkins v. French, 58 N. H., 533; Smith v. Seerman, 4 Cush., 412; Zabriskie v. Smith, 13 N. Y., 322; Wade v. Kalbfleisch, 58 N. Y., 282; Stebbins v. Palmer, 1 Pick., 79; Lattimore v. Simmons, 13 S. & R., 183; Long v. Morrison, 14 Inch, 595; Wheatley v. Lane, 1 Saund., 216; Cowp., 376; Chamberlain v. Wilson, 2 M. & S., 416.

2. “An injury to personal estate” under section 398, Civil Code (S. & C. Stat., 1058), is damage done to some specific property of which the person is the owner. It is not damage arising incidentally or collaterally.

Judgment affirmed.