Hodge v. Rutland Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by. the defendant, The Rutland Railroad Company, from a judgment of the 'Supreme Court' in favor of the plaintiff, entered in the office of the clerk of-the county of Franklin pn the 15th day of September, 1905, upon the verdict of a jury for $2,000*, and also from an order entered in said clerk’s office on the 16th day of September, 1905, denying the defendant’s motion for a new trial made upbn the minutes.- - One 'McGrath shipped potatoes over the defendant’s road…
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Appeal by. the defendant, The Rutland Railroad Company, from a judgment of the 'Supreme Court' in favor of the plaintiff, entered in the office of the clerk of-the county of Franklin pn the 15th day of September, 1905, upon the verdict of a jury for $2,000*, and also from an order entered in said clerk’s office on the 16th day of September, 1905, denying the defendant’s motion for a new trial made upbn the minutes.- - One 'McGrath shipped potatoes over the defendant’s road in the winter, under a written contract by which, for a reduced freight/ rate- and the carriage of the, person…
1Opinion of the Court
Kellogg, J.:
If Hodge (the decedent) had survived he could not recover against the defendant for an injury caused by the negligence of its servants. (Poucher v. N. Y. C. R. R. Co., 49 N. Y. 263; Bissell v. N. Y. C. R. R. Co., 25 id. 442.) The cause of-action for causing death by negligence is given by section 1902 of the Code of Civil Procedure, and is given only against a person “ who, or a corporation which, would have been liable to an action in favor of the decedent by reason thereof if death had not ensued.”
In Northern Pacific Railway Co. v. Adams (192 U. S. 440), where the Idaho statute…
2Cases cited3 opinions
- Northern Pacific Railway Company v. AdamsSupreme Court of the United States · 1904
- Perkins v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
- Poucher v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
3Cited by19 opinions
- Kelliher v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1914
- Barnhart v. . American Concrete Steel Co.New York Court of Appeals · 1920
- Holmes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1945
- Woodward Iron Co. v. CraigSupreme Court of Alabama · 1951
- Anderson v. . Erie R.R. Co.New York Court of Appeals · 1918
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