Dennick v. Railroad Co.
Supreme Court of the United States
Error to the Circuit Court of the United States for the Northern District of New York. An act of the General Assembly of the State of New Jersey, approved March 8, 1848, provides as follows:— “ Sect. 1. That whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages' in respect there of, then, and in…
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Error to the Circuit Court of the United States for the Northern District of New York. An act of the General Assembly of the State of New Jersey, approved March 8, 1848, provides as follows:— “ Sect. 1. That whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages' in respect there of, then, and in every such case, the person who, or the corporation w.iich, would have been liable, if death had not ensued, shall be…
1Opinion of the CourtJustice Milleb
It is understood that the decision of the court below rested solely upon the proposition that the liability in a civil action for damages which, under the statute of New Jersey, is imposed upon a party, by whose wrongful act, neglect, or default death ensues, can be enforced by ' no one but an administrator, or other personal representative of the deceased, appointed by the authority of that State. And the soundness or unsoundness of this proposition is what we are called upon to decide.
It must be taken as established by the record that the accident by which the plaintiff’s husband came to…
2Cases cited7 opinions
- McCarthy v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1877
- McKenna v. FiskSupreme Court of the United States · 1843
- Lowry v. . InmanNew York Court of Appeals · 1871
- Richardson v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Brock v. MilliganOhio Supreme Court · 1840
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- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
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