Legal Opinion

Mundt v. Glokner

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 3 opinions

Motion by the appellant, Sigmund M. Mundt, as administrator de bonis non of Martin M. Mundt, deceased, for leave to go to the Court of Appeals.

1Opinion of the Court

Ingraham, J.:

As the question presented upon this appeal was novel and of first impression, we think that leave should be granted to appeal to the Court of Appeals.

The question presented, however, was simply as to whether any cause of action survived the death of the person who was the next of kin of the deceased. Necessarily the question as to what damages such next of kin sustained in consequence of the death of the deceased was not before us. We called attention to the fact that by section 1902 of the Code the right to maintain an action to recover damages for a wrongful act, neglect or…

2Cited by3 opinions

  1. Pitkin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904
  2. Wilcox v. BierdAppellate Court of Illinois · 1924
  3. Mundt v. GloknerAppellate Division of the Supreme Court of the State of New York · 1898

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