Luce v. New York, Chicago & St. Louis Railroad

The differences between the views of the majority of the court and our own in this case are narrowly limited. We may admit that but a single cause of action arises when death results from negligence, although there may be different grounds of liability, and several distinct remedies may be afforded under the common law and by statutes. Such statutes not only impose duties but create remedies. (Ward v. Erie R. R. Co., 230 N. Y. 230.) Agreeing that there was but a “ single wrong,” we differ in the effect to be given a judgment determining that a certain statute did not furnish any remedy under…