Nugent v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Girard Nugent, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 27th day of June, 1912, upon the decision of the court, rendered after a trial at the Kings County Special Term,' sustaining the defendant’s demurrer to the complaint and dismissing said complaint.
1Opinion of the Court
Thomas, J.:
The plaintiff has sued for injuries received thirty-six days before his birth on September 5, 1911, through the negligent *668starting of defendant’s car, while his mother was alighting therefrom on July 31, 1911. The appeal is from the judgment for defendant on the pleadings after demurrer to the complaint. The father has brought a separate action for expenses incurred and services lost by reason of the child’s injuries. The question, presented for the first time in this State, is worthy of consideration, inasmuch as, if this action upon proper pleading may not be maintained, there is…
2Cases cited6 opinions
- Dietrich v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1884
- Allaire v. St. Luke's HospitalIllinois Supreme Court · 1900
- Marsellis v. ThalhimerNew York Court of Chancery · 1830
- Cooper v. HeathertonAppellate Division of the Supreme Court of the State of New York · 1901
- Quinlen v. WelchNew York Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Woods v. LancetNew York Court of Appeals · 1951
- Verkennes v. CornieaSupreme Court of Minnesota · 1949
- Smith v. BrennanSupreme Court of New Jersey · 1960
- Bonbrest v. KotzDistrict Court, District of Columbia · 1946
- Drobner v. . PetersNew York Court of Appeals · 1921
18 more not listed; retrieve them via the Exa API.