125 Pa. 136 | Pa. | 1889
Opinion,
This record presents a novel question. It was an action in the court below to recover damages for the death of plaintiff’s husband, Augustus Roderick Moe, who was murdered by one Dr. Randolph Lyon. The latter committed suicide within three hours after shooting Moe. The question is whether an action can be maintained against the administrator of the wrongdoer,
It is very plain that had Dr. Lyon lived, he would have been liable to an action at the suit of this plaintiff for the loss of her husband’s life, and for its value. He is dead, however, and the question is, does the right of action survive against his estate. The plaintiff in error has cited no authority for such an extraordinary proposition, for the reason doubtless that none can be found. The 28th section of the act of February 24, 1834, P. L. 77, provides as follows: “ Executors or administrators shall have power to commence and prosecute all personal actions which the decedent whom they represent might have commenced and prosecuted, except actions for slander, for libel, and for wrongs done to the person; and they shall be liable to be sued in any action, except as aforesaid, which might have been maintained against such decedent if he had lived.” It will thus be seen that by the express terms of the act of 1834, an executor or administrator cannot sue for injuries to the person of a decedent, nor can an executor or administrator be sued for like wrongs committed by his decedent. This was changed by the act of 1851, above referred to, so far as to allow the widow or personal representatives of a decedent to sue for injuries resulting in death from unlawful violence or negligence, but it goes no further, and does not authorize a suit against the executor or administrator of the person guilty of such violence or negligence. Section 21 of article III. of the constitution - provides that in case of such injuries resulting in death, the right of action shall survive. This provision plainly means that in such cases the right of action shall survive to the personal representatives of the injured party; not that the action may be brought against the executor or administrator of the person whose violence or negligence occasioned the injury. In other words, it is the cause of action, not the liability, that survives.
Judgment affirmed.