Kelsey v. Jewett
New York Supreme Court
Appeal from a judgment, entered upon an order overruling a demurrer interposed to the complaint, and from the said order. This is-an action to recover damages for injuries to the person of the intestate, alleged to have been caused by the defendant’s negligence.
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Appeal from a judgment, entered upon an order overruling a demurrer interposed to the complaint, and from the said order. This is-an action to recover damages for injuries to the person of the intestate, alleged to have been caused by the defendant’s negligence. The action was commenced November 21, 1875, by the intestate as plaintiff, and issue was joined December 11,1877. The cause was tried in November, 1879, and a verdict was rendered for $5,500 in favor of the plaintiff. The defendant made a motion for a new trial at Special Term, which was denied in September, 1880. Judgment was entered…
1Opinion of the Court
Barker, J.:
The plaintiffs, in their representative capacity, had no cause of action against the defendant at the time of filing the supplemental complaint. By a rule of the common law, rights of action founded in tort died with the death of the injured party. The maxim of that law was, “ a personal right of action dies with the person.” The personal representatives of a deceased person plight, however, sue for a breach of any covenant or promise running to the deceased which caused any injury to his personal estate. So if a tortfeasor or trespasser did an injury to the property of another,…
2Cases cited5 opinions
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
- Evans v. . ClevelandNew York Court of Appeals · 1878
- Spooner v. . KeelerNew York Court of Appeals · 1873
- Hastings v. McKinleyNew York Court of Appeals · 1853
- Benjamin's Executors v. SmithNew York Supreme Court · 1837