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POLIQUIN v. MACDONALD

No. 4557.

101 N.H. 104 (1957)

FAE A. POLIQUIN, Adm'x Est. of BABY BOY POLIQUIN v. FRANCIS J. MACDONALD.

Supreme Court of New Hampshire.

Decided September 30, 1957.

Attorney(s) appearing for the Case

Burns, Calderwood & Bryant and Robert E. Hinchey (Mr. Hinchey orally), for the plaintiff.

Charles F. Hartnett (by brief and orally), for the defendant.

WHEELER, J.

This is a case of first impression in this jurisdiction. Prior to 1949, by the numerical weight of authority, it was held that in the absence of a statute a pre-natal injury affords no basis of recovery by the child or its legal representative. See anno. 20 A. L. R. 1505; 97 A. L. R. 1524.

The problem presented to us for the first time is whether our wrongful death statute gives a right of action to the personal

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