Green v. Hudson River Railroad
New York Court of Appeals
Charles H. Green sued the Hudson River Railroad Company, to recover damages for the instantaneous killing of his wife by the negligence of the defendant. The facts are stated in the opinion.
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Charles H. Green sued the Hudson River Railroad Company, to recover damages for the instantaneous killing of his wife by the negligence of the defendant. The facts are stated in the opinion. The complaint alleged that the plaintiff was the husband of Eliza Green; that, on January 9, 1856, the said Eliza was a passenger on the train of the defendants’ cars, proceeding from Albany to New York; that, by the gross carelessness and unskillfiilness of the agents of the defendants, a collision occurred, by means of which the said Eliza was then and there killed, “ whereby the plaintiff has lost and…
1Opinion of the CourtLeonard, J.
This case involves but a single proposition. It is whether an action can be maintained by a husband for damages, arising from the instantaneous killing of 'his wife by the negligence of the defendants.
The" case comes up on demurrer to the complaint, for not stating facts sufficient to constitute a cause of action.
The .complaint states, that the wife became a passenger on the defendants’ cars; the legal obligation to carry her safely; that she was killed, while a passenger, by the carelessness of the agents of the company, whereby the plaintiff lost the comfort and assistance of his wife in…
2Cases cited10 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Ford v. MonroeNew York Supreme Court · 1838
- Green v. Hudson River Rail RoadNew York Supreme Court · 1858
- French v. BurnsSupreme Court of Connecticut · 1868
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
- Sorensen v. BalabanAppellate Division of the Supreme Court of the State of New York · 1896
- Duncan v. St. Luke's HospitalAppellate Division of the Supreme Court of the State of New York · 1906
- Larocque v. ConheimNew York Supreme Court · 1904
- Ohnmacht v. Mount Morris Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1901
1 more not listed; retrieve them via the Exa API.