Finley v. . Atlantic Transport Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate ¡Division of the Supreme Court in the first judicial department, entered January 28, 1916, which affirmed an order of Special Term overruling a demurrer to the complaint and granting a motion by plaintiff for judg-ment in his favor upon the pleadings. The nature of the action, the facts, so far as material, and the. questions certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate ¡Division of the Supreme Court in the first judicial department, entered January 28, 1916, which affirmed an order of Special Term overruling a demurrer to the complaint and granting a motion by plaintiff for judg-ment in his favor upon the pleadings. The nature of the action, the facts, so far as material, and the. questions certified are stated in the opinion. The burial of the plaintiff’s father at sea was not a breach of any duty owed by the defendant to the plaintiff. (Kanavan’s Case, 1 Maine, 226; Gilbert v. Buzzard, 2 Hagg. C. R.…
1Opinion of the CourtHogan, J.
The Appellate Division of the first department has certified in this case that in its opinion a question of law is involved which ought to be reviewed by the Court of Appeals, as follows:
1. Does the complaint state facts sufficient to constitute a cause of action ?
2. Is there a defect of parties in that the other next of kin of Clement B. Finley are not joined as parties plaintiff in this action ?
Briefly summarized, the complaint alleges that the defendant is engaged in the operation of a steamship line and employed in the transportation of passengers between England and the United States.
June…
2Cases cited9 opinions
- Larson v. ChaseSupreme Court of Minnesota · 1891
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Darcy v. . Presbyterian HospitalNew York Court of Appeals · 1911
- Foley v. PhelpsAppellate Division of the Supreme Court of the State of New York · 1896
- Koerber v. PatekWisconsin Supreme Court · 1904
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3Cited by53 opinions
- Colavito v. New York Organ Donor Network, Inc.New York Court of Appeals · 2006
- Rich v. Fox News Network, LLCCourt of Appeals for the Second Circuit · 2019
- Johnson v. Jamaica HospitalNew York Court of Appeals · 1984
- Melfi v. Mount Sinai HospitalAppellate Division of the Supreme Court of the State of New York · 2009
- Spiegel v. Evergreen Cemetery Co.Supreme Court of New Jersey · 1936
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