Keller v. New York Central Railroad
New York Court of Appeals
This action was brought by Benjamin Keller, administrator of Rachel Keller, to recover damages for injuries to her, and for killing her, by defendants, at Canastota, in the county of Madison, on the 29th day of August, 1854, under and in pursuance of the act of 1847, entitled “ An act requiring compensation for causing death by wrongful act, neglect or default,” as amended by chapter 256 of the Laws of 1849. The action was tried at the Madison circuit, in March, 1857, when…
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This action was brought by Benjamin Keller, administrator of Rachel Keller, to recover damages for injuries to her, and for killing her, by defendants, at Canastota, in the county of Madison, on the 29th day of August, 1854, under and in pursuance of the act of 1847, entitled “ An act requiring compensation for causing death by wrongful act, neglect or default,” as amended by chapter 256 of the Laws of 1849. The action was tried at the Madison circuit, in March, 1857, when the plaintiff obtained a verdict against the defendants for $1,700 damages. The deceased was a widow, and left no child,…
1Opinion of the CourtMason, J.
The first question which I propose to *175consider in this case is, whether the judge at circuit was right in his refusal to grant the defendants’ motion for a non-suit.
The grounds taken by the counsel on that motion, or that the complaint be dismissed, are: 1, because no damages were proved as contemplated by the statute, neither to the husband, nor to the next of kin, nor are any alleged in the complaint; 2, because no negligence or wrongful act on the part of the defendants is proved, but the contrary; 3, because the undisputed evidence in the case shows positive carelessness on the part of…
2Cases cited1 opinion
- Cook v. BrockwayNew York Supreme Court · 1856
3Cited by9 opinions
- Fernandes v. Sacramento City Ry.California Supreme Court · 1877
- Wilson v. NoonanWisconsin Supreme Court · 1874
- Pennsylvania Co. v. CoyerIndiana Supreme Court · 1904
- Dowly v. StateNew York Court of Claims · 1947
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Common Pleas · 1869
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