Green v. Hudson River Rail Road
New York Supreme Court
THE plaintiff sued as administrator of his wife, to recover the pecuniary damage sustained hy her “next of kin’’ by reason of her death, caused by the negligence of the defendants. The cause was tried at the Oneida circuit, before Mullin, J. and a jury, in June, 1859. The killing of the intestate by the negligence of the defendants was admitted by the answer.
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THE plaintiff sued as administrator of his wife, to recover the pecuniary damage sustained hy her “next of kin’’ by reason of her death, caused by the negligence of the defendants. The cause was tried at the Oneida circuit, before Mullin, J. and a jury, in June, 1859. The killing of the intestate by the negligence of the defendants was admitted by the answer. It was conceded, upon the trial, that the defendants had paid to the plaintiff the value of the clothing &c. of the wife, and also the expenses incurred by the plaintiff in and about her" care and burial, and no claim was made upon the…
1Opinion of the CourtAllen, J.
This court having decided, upon a demurrer, that the action is maintainable, the judgment then given is decisive of the same question renewed upon the trial of the issue of fact. I dissented from the decision of the demurrer, *28for reasons which appeared to me entitled to weight, hut which failed to convince my brethren; and while T yield to the authority of the decision, I am constrained to withhold my assent from it as a sound exposition of the law. The statute authorizes an action to be brought when death is caused by the wrongful act, neglect or default of another, “ for the benefit of the…
2Cases cited4 opinions
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Quin v. . MooreNew York Court of Appeals · 1857
- Ransom v. . the N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Safford v. DrewThe Superior Court of New York City · 1854
3Cited by12 opinions
- Kansas Pacific Railway Co. v. CutterSupreme Court of Kansas · 1877
- Whittlesey v. City of SeattleWashington Supreme Court · 1917
- In Re Kliegl Bros. Universal Elec. Stage LightingUnited States Bankruptcy Court, E.D. New York · 1999
- Bolinger v. St. Paul & Duluth Railroad Co.Supreme Court of Minnesota · 1887
- Snyder v. SnyderNew York Supreme Court · 1880
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