Hodgman v. Western Rail Road
New York Supreme Court
Demurrer. The plaintiff alleges that, on the 29th of October 1847, the defendants, for certain reasonable' reward to them paid, undertook, as common carriers of persons and property, to carry and convey Amanda A. Hodgman from Worcester to Albany, and that she then became a passenger on the defendants’ cars, whereby it became the duty of the defendants safely and securely to cany her from Worcester to Albany, and to use all care and prudence in so doing.
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Demurrer. The plaintiff alleges that, on the 29th of October 1847, the defendants, for certain reasonable' reward to them paid, undertook, as common carriers of persons and property, to carry and convey Amanda A. Hodgman from Worcester to Albany, and that she then became a passenger on the defendants’ cars, whereby it became the duty of the defendants safely and securely to cany her from Worcester to Albany, and to use all care and prudence in so doing. That while the said Amanda was so a passenger on the defendants’ cars, the train, through the carelessness of the defendants, came in…
1Opinion of the Court
Harris Justice.
At common law, no mere right of action was so assignable as to pass the legal right of the assignee—-when it affected the estate of the assignor, though the legal right still remained in the assignor, so that the action must be prosecuted in his name, the court exercising its equity powers, would protect the rights of the assignee. The only change made by the Code, in this respect, is to transfer, with the beneficial interest, the right of action also, in those cases, where before the court would recognize and protect the rights of the assignee. No new *494right of action is…
2Cases cited2 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
3Cited by6 opinions
- In re the Probate of a Paper Propounded as the Last Will & Testament of ZimmermanNew York Surrogate's Court · 1918
- Meese v. City of Fond du LacWisconsin Supreme Court · 1880
- Lawrence v. MartinCalifornia Supreme Court · 1863
- Reed v. JanesSupreme Court of Georgia · 1890
- Kithcart v. KithcartSupreme Court of Iowa · 1910
1 more not listed; retrieve them via the Exa API.