Hughes v. City of Auburn
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Margaret Hughes, as administratrix, etc., of Ellen Hughes, deceased, for a new trial made upon a' case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury in favor of the defendant directed by the court after a trial at the Cayuga Trial Term.
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Motion by the plaintiff, Margaret Hughes, as administratrix, etc., of Ellen Hughes, deceased, for a new trial made upon a' case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury in favor of the defendant directed by the court after a trial at the Cayuga Trial Term. In Hay, .1881, one Moore was the owner of a lot on the north side of Frances street in the city of Auburn, known as Ho. 7, which is four rods wide east and west on the street and ten rods deep, on which there was a dwelling house: While' Moore: owned this property…
1Dissent
Hardin, P. J. (dissenting):
Section 1902 of the Code of Civil Procedure provides that the representatives of decedents leaving next of kin “ may maintain an action to recover damages for a wrongful act, neglect or default, by *319which the decedent’s death was caused, against a natural person who, or a corporation which, would have been liable to an action in favor of the decedent, by reason thereof, if death had not ensued.”
The test of the defendant’s liability in this action to this plaintiff is, would it have been liable to Ellen Hughes, the decedent, for the damages caused by her sickness, if…
2Cases cited4 opinions
- Kavanagh v. . BarberNew York Court of Appeals · 1892
- Hardy v. . the City of BrooklynNew York Court of Appeals · 1882
- Kavanagh v. BarberNew York Supreme Court · 1891
- City of Bloomington v. MurninAppellate Court of Illinois · 1890