Wohlfahrt v. Beckert
New York Supreme Court
Motion for a new trial directed to be heard. in the first instance at the General Term, after a verdict in favor of the defendant had been directed at the circuit. This action was brought to recover damages for the death of the plaintiffs intestate, Matthias Wohlfahrt, which was alleged to have been caused by the wrongful act and neglect of the defendant.
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Motion for a new trial directed to be heard. in the first instance at the General Term, after a verdict in favor of the defendant had been directed at the circuit. This action was brought to recover damages for the death of the plaintiffs intestate, Matthias Wohlfahrt, which was alleged to have been caused by the wrongful act and neglect of the defendant. Upon the trial evidence was given tending to show the following facts : The deceased, being temporarily troubled with diarrhoea or some bowel complaint, was informed by a peddler that a preparation known as “ black draught,” of which he…
1Opinion of the Court
Dtkman, J.:
Human life is among the inherent and inalienable rights of man kind. Bestowed by the Creator it cannot be wrongfully or neglectfully destroyed by man. Culpable negligence, by which a human being is killed, is a crime amounting to manslaughter, and the term culpable implies an act less atrocious than a crime. “ So highly does the law value human life that it admits of no justification wherever life has been lost, and the carelessness or negligence of any one person has contributed to the death of another person.” (Regina v. Swindall, 2 Car. & Kir., 232.) This was quoted with…
2Cases cited2 opinions
- Norton v. SewallMassachusetts Supreme Judicial Court · 1870
- Gardner v. Board of HealthNew York Court of Appeals · 1852