DUBOIS v. POULIOT

No. 3941.

97 N.H. 78 (1951)

ALICE DUBOIS v. EDDIE J. POULIOT d. b. a. EDDIE'S LUNCH.

Supreme Court of New Hampshire.

June 5, 1951.


Attorney(s) appearing for the Case

J. Leonard Sweeney and Robert J. Doyle (Mr. Doyle orally), for the plaintiff.

Sheehan, Phinney & Bass and Alfred J. Chretien (Mr. Phinney orally), for the defendant.


JOHNSTON, C. J.

At common law actions of tort for physical injuries to the person and the causes of such actions did not survive the death of the alleged wrongdoer. However, section 10 of chapter 355 of the Revised Laws provides for a right of action that survives the decease of the defendant under certain conditions, but such action can exist only in accordance with the terms of the statute. Halle v. Cavanaugh, 79 N.H. 418. Since the plaintiff did not...

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