Smith v. . Lehigh Valley Railroad Company
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 23, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been caused by defendant’s negligence.
1Per curiam
Inasmuch as the plaintiff, individually, is only entitled to a share of the proceeds of the recovery, the case is distinguishable from that of O'Shea v. Lehigh Valley R. R. Co. (79 App. Div. 254), and the question as to whether there could be a recovery for the benefit of the other members of the decedent’s family is not raised by the request to charge “ that if the carelessness or negligence of the plaintiff contributed in any degree, however slight, to cause the accident, the jury must find a verdict for the defendant of no cause of action.” As to the question discussed in the O'Shea case…
2Cases cited1 opinion
- O'Shea v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1903