Farley v. McConnell
New York Supreme Court
The action was for negligence, and tried at the Chemung County Circuit in October, 1871. The defendants were contractors for the construction of a Sewer through Conongue street, in the city of Elmira, in one of the catch-basins of which the plaintiff’s son, a little boy about six years old, fell and was drowned.
Read the full summary
The action was for negligence, and tried at the Chemung County Circuit in October, 1871. The defendants were contractors for the construction of a Sewer through Conongue street, in the city of Elmira, in one of the catch-basins of which the plaintiff’s son, a little boy about six years old, fell and was drowned. Objections were made and exceptions taken to the admission of the petition, bond, &c., on the appointment of the plaintiff as administrator, as stated in the opinion. The jury rendered a verdict in favor of the plaintiff, for $500 damages." The exceptions1 of the defendants were…
1Opinion of the CourtMiller, P. J.
The defendant’s counsel presents two objections to the validity of the plaintiff’s appointment as administrator:
First. That the bond was defective, inasmuch as it is conditioned that the plaintiff, as administrator, shall obey “ all orders of the county judge of Chemung county ” instead of the “surrogate” of that county.
Second. That the petition for letters of administration does not affirmatively show that the petitioner was examined touching the manner of the deatli of the intestate.
■ As to the first objection, the fifteenth section of the sixth article of the Constitution of the State…
2Cases cited1 opinion
- Board of Supervisors v. PindarNew York Supreme Court · 1870
3Cited by8 opinions
- People ex rel. Meakim v. EckmanNew York Supreme Court · 1892
- People v. McKaneNew York Supreme Court · 1894
- Denair v. City of BrooklynNew York City Court · 1889
- Merz v. City of BrooklynNew York City Court · 1890
- In re ClementAppellate Division of the Supreme Court of the State of New York · 1909
3 more not listed; retrieve them via the Exa API.