Oldfield v. New York & Harlem Railroad
New York Court of Common Pleas
This was a prosecution under the comparatively recent statutes, giving a right of action, for the benefit of the next of kin, to the representatives of a deceased person whose death has been caused by the negligence of a company or individual. (See laws of 1847, p. 575, and of 1849, p. 388). The suit was brought by the late David Graham, as attorney.
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This was a prosecution under the comparatively recent statutes, giving a right of action, for the benefit of the next of kin, to the representatives of a deceased person whose death has been caused by the negligence of a company or individual. (See laws of 1847, p. 575, and of 1849, p. 388). The suit was brought by the late David Graham, as attorney. The complaint was as follows; City and county of New York: Thomas J. Oldfield, as administrator of all and singular the goods, chattels, and credits, which were of Hetty Downie, late of the city of New York, deceased, who died intestate,…
1Opinion of the Court
Ingraham, First J.
This action is to recover damages for the death of a child, produced by the carelessness of persons in the employ of the defendants. The action is brought under the statute of 1847. The child was six or seven years of age, living in the neighborhood of the accident. She was taken to the hospital, and died before night. The evidence tended .to show that the car was driven faster than ordinarily; that immediately preceding the accident the driver of the car was looking in a direction different from that in which he was going, and that if he had noticed the child when the…
2Cited by1 opinion
- Railroad Co. v. BarronSupreme Court of the United States · 1867