Citation Numbers: 97 A. 765, 90 Conn. 527
Judges: THAYER, J.
Filed Date: 6/5/1916
Status: Precedential
Modified Date: 1/12/2023
This is an action by an administratrix brought to recover for injuries resulting in the death of her intestate, and caused, as alleged, by the negligence of the defendant. The injuries are alleged to have been inflicted, and the death to have occurred almost immediately, on October 29th, 1910. The action was brought by writ dated May 3d 1915, to the June term, 1915, of the Superior Court in Fairfield County. A demurrer was filed to the complaint upon the ground, among others, that the action was not commenced within one year from the date of the injury and negligence complained of. The demurrer was sustained and judgment rendered for the defendant. The court's action in sustaining the demurrer is assigned as error.
The action is upon a statute. The cause of action alleged is one created by statute whereby a liability or penalty is imposed upon a person who by his negligence causes the death of another. The right of action is given to the administrator of the person injured for the benefit of the beneficiaries named in the statute, provided the action is commenced within one year. This is stated in Radezky v. Sargent Co.,
The facts set up in the complaint in excuse of the delay in bringing the action did not enlarge or extend the plaintiff's right of action.
The demurrer was properly sustained.
There is no error.
In this opinion the other judges concurred.
Radezky v. Sargent Co. , 77 Conn. 110 ( 1904 )
the-federal-deposit-insurance-corporation-as-receiver-of-citytrust-v , 36 F.3d 1 ( 1994 )
D'OCCHIO v. Connecticut Real Estate Commission , 189 Conn. 162 ( 1983 )
Blakely v. Danbury Hospital , 323 Conn. 741 ( 2016 )
Hillier v. City of East Hartford , 167 Conn. 100 ( 1974 )
Karp v. Urban Redevelopment Commission , 162 Conn. 525 ( 1972 )
Porpora v. New Haven , 122 Conn. 80 ( 1936 )
Villa Constr. v. Southington Sav. Bk., No. Cv94-0540241s (... , 1995 Conn. Super. Ct. 111-L ( 1995 )
Ortiz v. Bridgeport Hospital, No. 547104 (Feb. 24, 2000) , 2000 Conn. Super. Ct. 2602 ( 2000 )
Walsh v. Waldron Sons , 112 Conn. 579 ( 1931 )
Baker v. Baningoso , 134 Conn. 382 ( 1948 )
Korb v. Bridgeport Gas Light Co. , 91 Conn. 395 ( 1917 )
Simmons v. Holcomb , 98 Conn. 770 ( 1923 )
Lametta v. Connecticut Light & Power Co. , 139 Conn. 218 ( 1952 )
American Masons' Supply Co. v. F. W. Brown Co. , 174 Conn. 219 ( 1978 )
Vecchio v. Sewer Authority , 176 Conn. 497 ( 1979 )
L. G. DeFelice & Son, Inc. v. Town of Wethersfield , 167 Conn. 509 ( 1975 )
Young v. Margiotta , 136 Conn. 429 ( 1950 )
State v. Aetna Casualty & Surety Co. , 138 Conn. 363 ( 1951 )
Daddio v. River Bend Campground, No. Cv97 0059117s (Sep. 23,... , 22 Conn. L. Rptr. 653 ( 1998 )
Pierce v. Town of North Canaan, No. Cv 950067137 (Sep. 21, ... , 15 Conn. L. Rptr. 126 ( 1995 )