Ohnmacht v. Mount Morris Electric Light Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Ohnmacht, from a judgment of the Supreme. Court in favor of the defendant, entered in the office-of the clerk of the county of New York on the 15th day of December, 1900, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 17th day of December, 1900, dismissing the complaint at the close of the plaintiff’s case.
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Appeal by the plaintiff, Charles Ohnmacht, from a judgment of the Supreme. Court in favor of the defendant, entered in the office-of the clerk of the county of New York on the 15th day of December, 1900, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 17th day of December, 1900, dismissing the complaint at the close of the plaintiff’s case. The action is brought by a father to recover for Toss of services of his minor son, a boy sixteen years of age, who, as alleged in the…
1Opinion of the Court
O’Brien, J.:
Even though the complaint did not show that the dfeath of the plaintiff’s son was instantaneous, this fact was established beyond dispute by the evidence; and as there is no demand for medical *484expenses, the single question presented is whether or not upon the facts pleaded aiid'proven, there can be a recovery by the father for loss of services because of the negligent act of the defendant in causing his son’s death. It is contended by the appellant that the cause of action set up in the complaint is warranted by the common law. On the other, hand, the respondent contends that…
2Cases cited2 opinions
- Sorensen v. BalabanAppellate Division of the Supreme Court of the State of New York · 1896
- Green v. Hudson River RailroadNew York Court of Appeals · 1866
3Cited by3 opinions
- Jerry Kubecka, Inc. v. AvellinoDistrict Court, E.D. New York · 1995
- Robert v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1980
- Grant v. GuidottiAppellate Division of the Supreme Court of the State of New York · 1979