Hewett v. Bronson
New York Court of Common Pleas
Buckingham Smith, a gentleman advanced in life and of feeble health, who resided in Florida, and who had formerly been the diplomatic representative of the United States in Mexico and in Spain, came to the city of New York, and, upon leaving a city railroad car, in the evening, was suddenly seized with some malady, and fell down in the street.
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Buckingham Smith, a gentleman advanced in life and of feeble health, who resided in Florida, and who had formerly been the diplomatic representative of the United States in Mexico and in Spain, came to the city of New York, and, upon leaving a city railroad car, in the evening, was suddenly seized with some malady, and fell down in the street. He was picked up by a policeman, who, finding he was unable to speak, erroneously supposed him to be intoxicated, and conveyed him to the police station, where he was locked up in the cell for the incarceration of intoxicated persons, and where he died…
1Opinion of the Court
By the Court.*—Daly, Chief Justice.
This is a most extraordinary demand. The plaintiff has expended nothing. It was conceded, upon the argument, that the executor has. paid all the expenses incurred, and what the plaintiff seeks to recover is compensation for searching for the remains of his wife’s cousin; for requesting the clergyman to perform the burial service; for writing the advertisements for the funeral,, and sending them to the newspapers; and for the use of his house for the deposit of the coffin for a few hours, for the assembling of the mourners and the performance of the burial…
2Cases cited7 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Bartholomew v. JacksonNew York Supreme Court · 1822
- Rappelyea v. RussellNew York Court of Common Pleas · 1862
- Dunbar v. WilliamsNew York Supreme Court · 1813
- Bowen v. BowenNew York Surrogate's Court · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Peters v. StuartNew York Court of Common Pleas · 1893
- Wilson v. StaatsNew Jersey Superior Court Appellate Division · 1881
- Darling v. HoweNew York Supreme Court · 1891