Plaintiff sued for her intestate's death and conscious suffering negligently caused by defendant's intestate in an auto collision in New York. The trial judge directed a verdict for defendant on the theory that there was no evidence that defendant's intestate was still alive at the moment plaintiff's intestate was injured, and therefore no evidence of any cause of action, arising against the former in his lifetime, which could survive his death. Held, exceptions to the directed verdict overruled since the applicable New York death and survival statutes do not provide for the continuance of a cause of action which has arisen subsequent to the wrongdoer's death. Silva v. Keegan, (Mass. 1939) 23 N. E. (2d) 867.

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