Hegerich v. . Keddie
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court, in the first judicial department, entered upon an order made March 7,1884, which reversed a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint.
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Appeal from judgment of the G-eneral Term of the Supreme Court, in the first judicial department, entered upon an order made March 7,1884, which reversed a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint. (Reported below, 32 Hun, 141.) This action was brought by plaintiff, as administratrix, to recover damages for the death of her intestate, which, the complaint alleged, was caused by the negligence of defendant’s testator. Defendant demurred, claiming that the cause of action did not survive. At the common law all causes ex delieto for…
1Opinion of the Court
Ruger, Ch. J.
A brief reference to some of the elementary principles, applying to civil actions will serve the purpose, at least, of defining the terms used, and the modifications introduced, into the law by the statutes hereinafter referred to. ■ Such actions were primarily divided into two classes, distinguished as actions ex contractu and ex delicto. The actions known as detinue, trespass, trespass on the case, and replevin were those used in causes of action arising from torts, and were described as actions ex delicto. Trespass on the case was the appropriate form of remedy for all…
2Cases cited14 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- Needham v. Grand Trunk Railway Co.Supreme Court of Vermont · 1865
- People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
9 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Sullivan v. Associated Billposters & Distributors of United States & CanadaCourt of Appeals for the Second Circuit · 1925
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Selden v. Illinois Trust & Savings BankIllinois Supreme Court · 1909
- Wooden v. West. N. Y. & Penn. RailroadNew York Court of Appeals · 1891
- Hess v. LowreyIndiana Supreme Court · 1890
83 more not listed; retrieve them via the Exa API.