Through the negligence of a railway official, a collision occurs and P, a passenger, is severely hurt,…
Section 306 makes demands and rights of action survive to executors but excepts causes of action for "other personal injuries not causing the death of the party".…
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Through the negligence of a railway official, a collision occurs and P, a passenger, is severely hurt, but not so as to cause his death. P later dies without having brought any action. Can P's executor sue for P's injuries?
Answer and explanation
Correct answer C
Section 306 makes demands and rights of action survive to executors but excepts causes of action for "other personal injuries not causing the death of the party". Illustration (i) to section 306 applies this to a railway passenger who is hurt but not killed and dies later without suing: "the cause of action does not survive". The general survival rule therefore does not help the executor.