Legal Opinion
Dailey v. New York, Ontario & Western Railway Co.
New York Supreme Court
Decided February 15, 1899PublishedCited by 11 opinions
Demurrer to answer in an action for negligence.
1Opinion of the CourtHirschberg, J.
The action is to recover damages for the death by negligence of the plaintiff’s decedent in the state of Pennsylvania. One of the defenses is that by the provisions of the Penn*540sylvania statute giving the right of action, suit must be brought “ within one year after the death and not thereafter ”, and it is alleged that more than one year intervened between the death and the bringing of the suit. The plaintiff demurs.
The cause of action is solely statutory. It is not derivative in any respect, but is an original right conferred by statute upon representatives for the benefit of beneficiaries.…
2Cases cited4 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Hill v. Board of SupervisorsNew York Court of Appeals · 1890
- Wooden v. West. N. Y. & Penn. RailroadNew York Court of Appeals · 1891
- Kiefer v. Grand Trunk Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by11 opinions
- Rosin v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Claim of O'Esau v. E. W. Bliss Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Colell v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- La Verne v. JackmanAppellate Court of Illinois · 1967
- Brister v. Wray-Dickinson Co.Louisiana Court of Appeal · 1935
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