¶1The plaintiff’s right to maintain this action dies with the person of the defendant. The action cannot be revived against his personal representatives, notwithstanding the words of the Statute of Maryland of 1785, chapter 80, section 1, be that no action shall abate by the death of either party, it being the opinion of the Court that the words “no action ” is meant no action that could have been revived at common law.
6 D.C. 79
Roche v. Carroll
District of Columbia Court of Appeals
Decided May 6, 1864
District of Columbia Court of Appeals · decided 1864-05-06
This was an action to recover damages for injuries received by the plaintiff from the negligent and unskilful driving by the defendants servant of the defendants carriage, whereby the plaintiff was ran into and suffered injury, &c. Pending the action the defendant died, and thereupon his death being suggested leave was granted to issue a summons to his executrix.
Decided 1864-05-06