Willetts v. Buffalo & Rochester Railroad
New York Supreme Court
Motion for a new trial upon a ease. The action was tried at the Brie circuit in June, 1852, before Justice -Allen. The plaintiff was the administrator of Washington Willetts, deceased.
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Motion for a new trial upon a ease. The action was tried at the Brie circuit in June, 1852, before Justice -Allen. The plaintiff was the administrator of Washington Willetts, deceased. The action was brought by the plaintiff, pursuant to the act of 1847, authorizing an action, to recover damages, to be maintained by the personal representatives of any person whose death shall be caused by the wrongful act, neglect, or default of another. {Laws of 1847, p. 575.) The deceased was near thirty years old, and had been a lunatic for six or seven years. His father resided in Michigan, and was taking…
1Opinion of the Court
By the Court, Marvin, J.
If the death of Washington Willetts Avas caused by the Avrongful act, neglect or default of the defendants or their agents, under such circumstances as would have entitled him, if living, to maintain an action and recover damages for the injury, then this action is maintainable by his administrator. (Sess. Laws of 1847, p. 575.)
It is clear, upon general principles, and upon the assumption that the deceased was sane, that the action cannot be maintained. The evidence does not sIioav any negligence or Avant of care on the part of the agent of the defendants at the timo…
2Cases cited2 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
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- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
- Huelsenkamp v. Citizens' Railway Co.Supreme Court of Missouri · 1866
- Terry v. New York Central Rail RoadNew York Supreme Court · 1855
- Honegsberger v. Second Avenue RailroadNew York Court of Appeals · 1864
- Harvey v. RoseSupreme Court of Arkansas · 1870
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