ACTIONS-SINGLE INJURY TO PERSON AND PROPERTY AS ONE CAUSE OF ACTION

Authors

Abstract

The plaintiff suffered personal injuries and damage to his truck when the truck which he was driving collided with an automobile driven by the defendant's intestate, the latter being killed instantly by the collision. The plaintiff then brought this action alleging that the collision was caused by the intestate's negligence and asking damages for both personal and property injuries. The defendant contended that since his intestate was killed by the very blow which caused damage to the plaintiff no action lay against the intestate in his lifetime and since there was no statute giving an action against his administrator, the plaintiff stated no cause of action. Held, that since there must have been some damage to the plaintiff's truck before the intestate was killed, a cause of action for negligence existed against the intestate in his lifetime and that both personal and property damages could be recovered because a single wrongful act resulting in both personal and property damage gives rise to but one cause of action. Booth v. Frankenstein, (Wis. 1932) 245 N. W. 131.

Recommended Citation

ACTIONS-SINGLE INJURY TO PERSON AND PROPERTY AS ONE CAUSE OF ACTION, 31 Mich. L. Rev. 976 (1933).
Available at: https://repository.law.umich.edu/mlr/vol31/iss7/7