Davis v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 29, 1918, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict as reduced by the trial court.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 29, 1918, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict as reduced by the trial court. The modification and reduction of the judgment of the Trial Term by the Appellate Division substantially nullifies the contract between plaintiff and her attorney for compensation and was error, because the release executed by the widow who was not a party to the action could not terminate the action, nor affect a recovery for expenses of the…
1Opinion of the CourtCakdozo, J.
In September, 1913, Earl Davis lost his life while working in the defendant’s service. He left a wife but no children. Husband and wife had lived apart. The mother was sole legatee, and executrix of the will. She retained a lawyer to bring suit against the railroad for causing her son’s death. The retainer was on a contingent basis, the lawyer to receive one-half of the proceeds in the event of a trial and one-third in the event of a settlement before trial. He served a complaint, which the defendant answered. Thereafter the defendant paid $400 to the widow, and obtained a release. A…
2Cases cited12 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- American R. Co. of PR v. BirchSupreme Court of the United States · 1912
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Stuber v. . McEnteeNew York Court of Appeals · 1894
- Andrewes v. . HaasNew York Court of Appeals · 1915
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3Cited by4 opinions
- Wiener v. Specific Pharmaceuticals, Inc.New York Court of Appeals · 1949
- In re the Estate of FinkelsteinNew York Surrogate's Court · 1955
- In re the Estate of HolquinNew York Surrogate's Court · 1979
- Carter v. County of ClintonAppellate Division of the Supreme Court of the State of New York · 1993