Vanderwerken v. New York & New Haven Railroad
New York Supreme Court
This action was brought to recover damages for injuries, causing the death of deceased on the occasion of what is known as the Norwalk disaster, in 1853. He was riding in a car of defendants, and was instantly killed. On the trial, a small verdict was obtained against the defendants. The plaintiff moved for a new trial, on the ground of the erroneous decisions and charge of the justice on the trial.
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This action was brought to recover damages for injuries, causing the death of deceased on the occasion of what is known as the Norwalk disaster, in 1853. He was riding in a car of defendants, and was instantly killed. On the trial, a small verdict was obtained against the defendants. The plaintiff moved for a new trial, on the ground of the erroneous decisions and charge of the justice on the trial. The defendants, for similar errors, moved for judgment in their favor, on the ground that no action lies, it appearing that the injury was done in Connecticut, and that the law of Connecticut was…
1Opinion of the CourtPeabody, J.
The objection made by the defendants seems to-be entirely fatal to this case. The deceased was killed instantly by the negligence of defendants. At common law no action for damages would lie for such a killing. This accident, and the acts or omissions complained of, occurred in Connecticut; and whether an action will lie for acts done there, depends on the law of Connecticut. What the laws of Connecticut are on the subject does not appear, either, by the pleadings or evidence. They were neither pleaded nor proved. This court cannot judicially know them. In the absence of all evidence on the…
2Cited by4 opinions
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