Howey v. New England Navigation Co.
Supreme Court of Connecticut
Action to recover damages, under the laws of New York, for negligence causing the death of the plaintiff’s intestate, brought to the Superior Court in New London County and tried to the jury before Reed, J.; verdict for the plaintiff for $4,000, which the trial court set aside as excessive after the plaintiff had refused to accept $1,000 damages, from which action the plaintiff appealed.
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Action to recover damages, under the laws of New York, for negligence causing the death of the plaintiff’s intestate, brought to the Superior Court in New London County and tried to the jury before Reed, J.; verdict for the plaintiff for $4,000, which the trial court set aside as excessive after the plaintiff had refused to accept $1,000 damages, from which action the plaintiff appealed. The complaint describes an accident which occurred September 12th, 1909, in the port of New York, alleged to have been caused by the defendant’s negligence, and by which the plaintiff’s intestate, Robert…
1Opinion of the CourtHall, C. J.
No one questions but that the plaintiff, as administratrix upon her brother’s estate, might have maintained an action in our courts, and under our laws, for damages for the personal injuries sustained by her brother from the defendant’s negligence in the State of New York. She has not attempted, however, to avail herself of the right of action given by the laws of our State, but has chosen to endeavor to enforce, in the courts of this State, a right of action given by the laws of the State of New York, evidently believing it would be to her advantage to do so. Whether, when our own laws…
2Cases cited13 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
- Tilley v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
- McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867
- Pitkin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904
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3Cited by2 opinions
- Commonwealth Fuel Co. v. McNeilSupreme Court of Connecticut · 1925
- Nadeau v. Caribou Water, Light & Power Co.Supreme Judicial Court of Maine · 1919