JOHNSON v. N.Y. & NEW ENGLAND R.R. Co.

56 Conn. 172, 14 A. 773 (1888)

 

RULE:

Under Conn. Gen. Statutes § 1005 (1888), the executor or administrator may enter at the next term after the death of the plaintiff, but if they do not enter at that next term, they will not be permitted to enter later absent good cause for not entering timely.

FACTS:

The decedent was injured in a train collision on October 8, 1880 so he filed an action for recovery due to the injury he suffered. The decedent died during the pendency of the action on September 2, 1885. No executor was appointed until May 14, 1887 when the administratrix was appointed. The administratrix brought her motion to be substituted as plaintiff on May 31, 1887, nearly seven years after the injury occurred. At first the trial court denied the motion but afterwards gave leave to renew it. In June, the motion was renewed and a full hearing was had. The trial court found that the administratrix gave no good or sufficient reason or excuse for her delay or for the neglect in procuring appointment as administratrix.

ISSUE:

Was adminitratrix able to establish good cause for her negligence?

ANSWER:

No.

CONCLUSION:

Some twenty months intervened between the death of the plaintiff and the date of the letters of administration, and the latter was seven years after the injury complained of, and not only did the appellant fail to present any good reason for her delay, but no reason at all appears on the record.

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