Mella v. Northern S. S. Co.
U.S. Circuit Court for the District of Southern New York
This action is brought by the administratrix of Douis Mella, deceased, against the Northern Steamship Company, under the provisions of section 1902 of tbe Code of Civil Procedure of the state of New York, for the benefit of the decedent’s wife and next of kin, and to recover damages for the alleged negligence of the defendant, by which it is claimed the decedent’s death was caused.
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This action is brought by the administratrix of Douis Mella, deceased, against the Northern Steamship Company, under the provisions of section 1902 of tbe Code of Civil Procedure of the state of New York, for the benefit of the decedent’s wife and next of kin, and to recover damages for the alleged negligence of the defendant, by which it is claimed the decedent’s death was caused. The defendant denied negligence, and also denied that the death of the decedent, Louis Mella, was caused by the alleged negligence, even if there was negligence, and gave evidence tending to show that such death…
1Opinion of the Court
RAY, District Judge.
The section of the Code under which this action is brought reads as follows:
“Action for Death by Negligence. The executor or administrator of a decedent, who has left him or her surviving, a husband, wife, or next, of kin, may maintain an action to recover damages for a wrongful act, neglect or default. by which the decedent’s death was caused, against a natural person who, or a corporation which, would have been liable to an action in favor of the decedent, by reason thereof,- if death had not ensued. Such an action must be commenced Within two years after the decedent’s…
2Cases cited40 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Seale. v. Gulf, Colorado & Santa Fe R'y Co.Texas Supreme Court · 1886
- Laidlaw v. . SageNew York Court of Appeals · 1899
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3Cited by6 opinions
- Salsedo v. PalmerCourt of Appeals for the Second Circuit · 1921
- Armour & Co. v. HarcrowCourt of Appeals for the Eighth Circuit · 1914
- Piedmont Hospital v. TruittCourt of Appeals of Georgia · 1933
- Urrutia v. PatinoCourt of Appeals of Texas · 1928
- Smith v. Pejepscot Paper Co.District Court, D. Maine · 1931
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