Summary
In Johnson v. Stromberg-Carlson Telephone Mfg. Co. (276 N.Y. 621 [Jan. 1938]), the court, upon the authority of the Kelliher case (supra), affirmed a determination of the Appellate Division of the Fourth Department (250 App. Div. 352), which held that, where the Statute of Limitations has barred a claim for personal injuries during the lifetime of decedent, no action by reason of his subsequent death from the original wrong could be maintained.
Summary of this case from Fontheim v. Third Avenue Railway Co.Opinion
Argued November 30, 1937
Decided January 4, 1938
Appeal from the Supreme Court, Appellate Division, Fourth Department.
William L. Clay for appellant.
Charles W. Green and Clarence L. Burton for respondent.
Judgment affirmed, with costs; no opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and FINCH, JJ. Dissenting: RIPPEY, J.