Alfson v. . Bush Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 4, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The widow and next of kin being non-resident aliens, this action cannot be maintained for their benefit. (C., C., C. & St. L. Ry.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 4, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The widow and next of kin being non-resident aliens, this action cannot be maintained for their benefit. (C., C., C. & St. L. Ry. Co. v. Osgood, 70 N. E. Rep. 839; Deni v. P. Ry. Co., 181 Penn. St. 525; McMillan v. S. L., etc., Co., 91 N. W. Bep. 979; Adam v. British,…
1Opinion of the CourtBartlett, J.
The plaintiff, as administrator of the deceased, brings this action under section 1902 of the Code of Civil Procedure to recover damages of the defendant corporation for negligently causing the death of the intestate. This section reads as follows : “ The executor or administrator of a decedent, who has left, him or her surviving, a husband, wife, or next of kin, may maintain an action to recover damages for a wrongful act, neglect, or default, by which the decedent’s death was caused, against a natural person who, or a corporation which, would have been liable to an action in favor of the…
2Cases cited2 opinions
- Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
- Tanas v. Municipal Gas Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by14 opinions
- Hamilton v. . Erie R.R. Co.New York Court of Appeals · 1916
- Burgess v. GilchristWest Virginia Supreme Court · 1941
- Low Moor Iron Co. v. La Bianca's AdministratorSupreme Court of Virginia · 1906
- Madera Sugar Pine Co. v. Industrial Accident CommissionSupreme Court of the United States · 1923
- Cetofonte v. Camden Coke Co.Supreme Court of New Jersey · 1910
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