Smith v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central 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 Westchester on the 13th day of August, 1917, upon the verdict of a jury for $49,000, and also from an order entered in said clerk’s office on the 13th day of September, 1917, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Blackmar, J.:
The action was brought to recover damages for negligence causing the death of one Alfred C. Smith, the husband of plaintiff. The decedent met his death on the 23d of February, 1917. The action was begun on February 26, 1917, and the complaint alleged that prior to the commencement of the action the plaintiff was duly appointed administratrix of the goods, chattels and credits of decedent. The allegation was denied in the answer. It appears that on February 26, 1917, a petition was duly filed for letters of administration, but no action was taken thereon by the surrogate until…
2Cases cited7 opinions
- Guarantee Trust & Safe Deposit Co. v. Philadelphia, Reading & New England RailroadNew York Court of Appeals · 1899
- Rima v. Rossie Iron WorksNew York Court of Appeals · 1890
- Thomas v. CameronNew York Supreme Court · 1837
- Bellinger v. FordNew York Supreme Court · 1856
- Dutcher v. DutcherNew York Supreme Court · 1895
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3Cited by15 opinions
- Daine v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1948
- The Princess SophiaDistrict Court, W.D. Washington · 1929
- Mogavero v. Stony Creek Development Corp.Appellate Division of the Supreme Court of the State of New York · 1976
- Estate of Davis v. StateAppellate Division of the Supreme Court of the State of New York · 1964
- Smith v. StateAppellate Division of the Supreme Court of the State of New York · 1976
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