cl-8008890
Precedential
Denied
Processed
Green v. Thompson
Cited by
- State Farm v. Liberty Mutual Insurance Co. 678 N.W.2d 719 Minn. Ct. App. 2004
- Eklund v. Evans 300 N.W. 617 Minn. 1941
- Albrecht v. Potthoff 257 N.W. 377 Minn. 1934
- Fowlie v. First Minneapolis Trust Co. 237 N.W. 846 Minn. 1931
Opinion text
By the Court. 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.