Stuebing v. Marshall
New York Court of Common Pleas
Appeal from a judgment of this court entered upon findings by a judge at a trial without a jury. On May 8th, 1878, Antonie Stuebing, a minor daughter of Charles and Annie Stuebing, was run over by one of defendants’ line of stages, and died from the injuries. On May 10th, the father, by a written instrument, in consideration of one hundred dollars, released and discharged the defendants from all and every claim he had against them, arising from the death of his child.
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Appeal from a judgment of this court entered upon findings by a judge at a trial without a jury. On May 8th, 1878, Antonie Stuebing, a minor daughter of Charles and Annie Stuebing, was run over by one of defendants’ line of stages, and died from the injuries. On May 10th, the father, by a written instrument, in consideration of one hundred dollars, released and discharged the defendants from all and every claim he had against them, arising from the death of his child. On the same day the plaintiff was appointed administratrix and as such, in June following,- brought this action, claiming to…
1Opinion of the CourtBeach, J.
[After stating the facts as above.]—The conclusion of the learned justice below is, in my opinion, correct. The claim created by statute, arose when the child died, and prior to the settlement with the father (L. 1847, c. 450). It was enforceable by the personal representative, but its existence in no way depended upon the appointment of an administrator. In law the claim belonged to whomsoever would be entitled to its proceeds. This was the father, and he gave release. Had the child legally settled all claims, and thereafter died from the effects of the injury, the plaintiff could not have…
2Cases cited2 opinions
- Quin v. . MooreNew York Court of Appeals · 1857
- Dibble v. New York & Erie Rail RoadNew York Supreme Court · 1857
3Cited by2 opinions
- Sykora v. Case Threshing-Mach. Co.Supreme Court of Minnesota · 1894
- Cullison v. B. & O. RailroadLicking County Court of Common Pleas · 1897