Anderson v. Third Avenue Railroad
New York Court of Common Pleas
Appeal from an order of this court denying a motion to strike out a portion of the complaint. The action was brought to recover damages, for injuries to an infant son of the plaintiff, alleged to have been caused by the defendants, their agents and servants.
Read the full summary
Appeal from an order of this court denying a motion to strike out a portion of the complaint. The action was brought to recover damages, for injuries to an infant son of the plaintiff, alleged to have been caused by the defendants, their agents and servants. The complaint, after setting forth the facts and circumstances of the alleged in juries, further alleged that, prior to this action, “this plaintiff’s said son, by Ids guardian ad litem, duly appointed, brought an action against the above-named defendants in this court, for damages sustained by him by reason of the injuries inflicted upon…
1Opinion of the Court
Charles P. Daly, Chief Justice.
It is through the paternal relation, that the plaintiff has a right of action against the defendants, for injuries to his son, arising from their negligence; because he is entitled to the services of his son, during his minority, and an injury to the son which deprives the father of the benefit of the son’s services, is a loss and injury to him. If, in an action brought against the defendants for the son, by his guardian, it has been judicially determined, that the accident which caused the injury, was not owing to any negligence on the part of the son, but was…
2Cited by12 opinions
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Clark v. Southern Railway Co.Court of Appeals of Georgia · 1917
- Malsky v. Schumacher & EttlingerNew York Court of Common Pleas · 1894
- Berg v. Third Avenue RailroadCity of New York Municipal Court · 1903
- Gerstein v. FisherThe Superior Court of New York City · 1895
7 more not listed; retrieve them via the Exa API.