O'Shea v. Lehigh Valley Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Lehigh Valley Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cortland on the ■29th day of October, 1901, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 24th day of April, 1902, denying the defendant’s motion fora new trial made upon the minutes.
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Appeal by the defendant, the Lehigh Valley Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cortland on the ■29th day of October, 1901, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 24th day of April, 1902, denying the defendant’s motion fora new trial made upon the minutes. On the evening of the 17th day of March, 1901, the plaintiff with his son, the decedent, who was then between eight and nine years of age, and one F., were riding in an open .sleigh…
1Opinion of the Court
Chase, J.:
The plaintiff, as the sole next of kin of the deceased, is entitled to any recovery obtained in this action. (Code Civ. Proc. § 1903.) The question is here fairly presented, whether a person who would be entitled to the entire recovery, can, as administrator of a decedent, recover damages from another for negligence by which the decedent’s death was caused, where such person’s own negligence contributed to such death. This case is not governed by the much-discussed rules relating to imputed negligence. It is a simple question as to whether a -person shall profit- by his own wrong. .…
2Cases cited14 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- City of Pekin v. McMahonIllinois Supreme Court · 1895
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Westerfield v. Levis Bros.Supreme Court of Louisiana · 1891
- Chicago City Railway Co. v. WilcoxIllinois Supreme Court · 1891
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3Cited by3 opinions
- McKay v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1913
- Guilmette v. RitayikAppellate Division of the Supreme Court of the State of New York · 1972
- Smith v. . Lehigh Valley Railroad CompanyNew York Court of Appeals · 1907