Pierce Butler

“ But the law of the place of the wrong determines whether the claim for damages survives the death of the wrongdoer. Orr v. Ahern, 107 Conn. 175, 139 A. 691; Sumner v. Brown, 312 Pa. 124, 167 A. 315; Davis v. Mills, 194 U.S. 451, 454, 24 S.Ct. 692, 48 L.Ed. 1067. [2] Assuming Ormsby's negligence as alleged, the New York law, upon the happening of the accident, gave plaintiff a right of action. But the same law limited the right and made it to end upon the death of the tort-feasor. As actions for personal injuries are transitory, she might have sued him in Pennsylvania. Tenn. Coal Co. ”

“ Plaintiff's statement of claim did not allege that her right of action survived the death of the deceased. It was not made to survive by any statute of New York, and under the common law there is force did abate with his death. Gorlitzer v. Wolffberg, 208 N.Y. 475, 102 N.E. 528, Ann. Cas. 1914D, 357, Bernstein v. Queens County Jockey Club, 222 App.Div. 191, 225 N.Y.S. 449. [1] She relies upon a Pennsylvania statute which declares that executors shall be liable to be sued in any action which might have been maintained against the deceased if he had lived. ”

“ Smith v. Condry, 1 How. 28, 33, 11 L.Ed. 35; Slater v. Mexican National R.R. Co., 194 U.S. 120, 126, 24 S.Ct. 581, 48 L.Ed. 900; Cuba R.R. Co. v. Crosby, 222 U.S. 473, 478, 32 S.Ct. 132, 56 L.Ed. 274, 38 L.R.A. (N.S.) 40; Tenn. Coal Co. v. ”