The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1901-01-11
An TMPoRTANr Law PUNT

Important questions OF Ia" arising
in the suit OF John P. Horsey, admin
istrator of the estate Of the late AL
Terraz, against the Pennsylvania and
Philadelphia, Wilmington and B&iti
more Railroad companies, were de
cided by Judge Richie in al opinion
filed in the City Court recently
Terraz, who was Frenchman, was
shot and fatally injured on Septem
Der 4, 1897, at PERI vile, Nd, while
stealing ride in a freight Car. The
case was Investigated by N. Rabi!ion
the French Consul, and through his
instrumentaliJy Terraz's administra
tor sued the railroad companies fol
$40, 900 damages.
A demurrer TO the declaration was
filed by the railroad companies aud
was argued before Judge Richie OIL
the oath of last November.
1t was claimed for the railroad com
panies that the administrator could
not maintain the action and that suit
could only be brought under Lord
Campbell's act, and by relatives
named in Section of Article G7 Of
the Code. For the administrator il
was contended that under Section 104
OF Article SO of the Code cause oil
estate.
Judge Richie overruled the de-
murrer, holding that au executor OIL
administrator may now continue OF
commence and prosecute any action
which the injured person brought OF
might have brought in his lifetime.
The case is said to be the first of its
kind in this State.
Judge Richie, in his opinion, thus
states the law:
AT common law all personal actions
founded on tort, whether for injuries
to real or personal property or to the
person, abated on the death of either
party, and the right of action dice
with the person of the injured party
or of the wrongdoer.
In cases of injury to real and per
sonal property this doctrine of the
common law was abrogated in Mary
land by the Acts of 1875, CHI. so, 1898,
oh. 1O1, and 1901, ch. "a, and since
their passage personal actions for euch
injuries have not abated nor have the
rights of action died on the death of
either party, provisions being made,
as the case may be, for their further
prosecution on their commencement
and for their defense by the personal
representatives. Actions for injuries
to the person, however, were express
ly excepted from the operation OF
these statutes.
According to the law as it stood
after the passage of the Act of 1861,
Oh. "A, the right of action which the
injured party had for injuries to the
person died with the death of either
party, except as to such rights of
action as were saved by the Act of 1861,
and so the law stood up to the Act of
1888, oh. 262. The Act of 1883 pro vides
that mo action hereafter brought to
recover damages for injuries to the
person by negligence or default shall
abate by reason of the death of the
plaintiff.
Under Section "a and % of Article
rs of the Code pending actions for in
iuries to the person by negligence or
default are now unqusstionably saved
from abatement on the death of the
plaintiff, and it seems to be equally
clear that under Section 1914 of Article
SO, construed with Sections 81 and %
of Article 70, the right of action for
such injuries, when no suit is pending
at the death of the Injured party, now
survives to the personal representa-
tives, though it would not survive if
the wrongdoer died"