Radezky v. Sargent & Co.
Supreme Court of Connecticut
Action to recover damages for negligence resulting in the death of the plaintiffs’ intestate, brought to the Superior Court in New Haven County where a demurrer to the complaint was sustained QShumway, J.') and judgment was afterwards rendered (Thayer, J.') for the defendant, from which the plaintiffs appealed.
Read the full summary
Action to recover damages for negligence resulting in the death of the plaintiffs’ intestate, brought to the Superior Court in New Haven County where a demurrer to the complaint was sustained QShumway, J.') and judgment was afterwards rendered (Thayer, J.') for the defendant, from which the plaintiffs appealed. The plaintiffs’ intestate, while riding on an elevator owned and operated by the defendant corporation, was thrown to the ground, whereby he was greatly injured, and as a result of the injuries died on the same day. The plaintiffs claim that the death of their intestate was due to the…
1Opinion of the CourtHamersley, J.
This is an action upon a statute. The cause of action is one created by statute. A liability or pen alty is imposed upon the person who by his negligence causes the death of another. The beneficiaries of this liability are the husband, or widow, and heirs of the person injured, as prescribed in the statute. The right of action is given to the administrator of the person injured as representing these beneficiaries, provided an action is commenced within a time fixed by the statute.
This statutory cause of action was first created in 1853, and the liability imposed was limited to railroad…
2Cases cited3 opinions
- Andrews v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1867
- O'Connor v. Town of WaterburySupreme Court of Connecticut · 1897
- Ockershausen v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1899
3Cited by42 opinions
- Reading Co. v. KoonsSupreme Court of the United States · 1926
- Ecker v. Town of West HartfordSupreme Court of Connecticut · 1987
- Vilcinskas v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1956
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- Baker v. BaningosoSupreme Court of Connecticut · 1948
37 more not listed; retrieve them via the Exa API.