Isola v. . Weber
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of Hew York, made June 3, 1895, which reversed an order of Special Term denying plaintiffs’ motion for leave to amend their complaint by increasing the amount of damages prayed for, in an action brought to recover damages for the death of plaintiffs’ intestate, alleged to have been caused by the negligence of defendants.
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Appeal from order of the General Term of the Court of Common Pleas for the city and county of Hew York, made June 3, 1895, which reversed an order of Special Term denying plaintiffs’ motion for leave to amend their complaint by increasing the amount of damages prayed for, in an action brought to recover damages for the death of plaintiffs’ intestate, alleged to have been caused by the negligence of defendants. The death occurred, and the action was commenced, in 1892. A statute will be construed as prospective and operating in futuro, unless the, intention of the legislature to. give to it a…
1Opinion of the Court
Per Ouriam.
The motion to amend the complaint by changing the claim for damages, occasioned by the negligence of the defendants, and resulting in the death of plaintiffs’ intestate, from five thousand dollars to twenty-five thousand dollars, involves the question whether section 18 of article one of the new Constitution operates retrospectively, and affects causes of action accrued before it went into effect. The language of that provision is: “ The right of action now existing to recover damages for injuries resulting in death shall never be abrogated, and the amount recoverable shall not be…
2Cases cited1 opinion
- O'Reilly v. Utah, N. & C. Stage Co.New York Supreme Court · 1895
3Cited by34 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
- Campbell v. New York Evening Post, Inc.New York Court of Appeals · 1927
- Theodosis v. Keeshin Motor Express Co.Appellate Court of Illinois · 1950
- Kiefer v. Grand Trunk Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
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