Legal Opinion

Richmond v. Second Avenue Railroad

The Superior Court of the City of New York and Buffalo

Decided July 2, 1894Published

Appeal from jury term. Action by Bessie Richmond against Second Avenue Railroad ■Company. From a judgment dismissing the complaint, plaintiff appeals.

1Opinion of the CourtMcADAM, J.

The action is brought under the statute to recover ■damages for the killing of the plaintiff’s child by the defendant’s negligence. The statute gives the right of action to the legal representatives or next of kin. Code, § 1902. The suit was not brought by the executor or administrator of the decedent, but by the mother, for loss of services. The plaintiff, in her complaint, alleged that “the plaintiff is the mother and only surviving parent of Isidor Richmond, an infant of the age of sixteen years.” The accident occurred on March 28, 1892, and the actiqn was commenced June 29, 1892. Upon the…

2Cases cited7 opinions

  1. Tilton v. . BeecherNew York Court of Appeals · 1874
  2. The People v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
  3. Price v. . BrownNew York Court of Appeals · 1885
  4. Matter of Assignment of HolbrookNew York Court of Appeals · 1885
  5. Avery v. N. Y. C. & H. R. RailroadNew York Court of Appeals · 1887

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