Geraghty v. New
New York Court of Common Pleas
Action by Bridget Geraghty against Jacob New to recover damages for the loss of services of plaintiff’s minor son, who was injured in a passenger elevator in defendant’s premises, 24 North Chambers street. At the time of the accident the father of the minor was living, and he died 9 months and 12 days after the accident to the child. The complaint was dismissed, and plaintiff’s exceptions were ordered to be heard in the first instance at general term. Overruled.
1Opinion of the CourtDaly, C. J.
The right of a parent to recover for injuries to a child is in an action for loss of services, and is based, therefore, upon the supposed relation of master and servant, and not upon the relation of parent and child. Kennedy v. Railroad Co., 35 Hun, 186. Such right of action can only accrue to one who stands in the relation of master to the child when the wrong is inflicted. A person by whom the relation is subsequently assumed, or upon whom it subsequently devolves, cannot, of course, have such an action for the injury done, not to him, but to a former master. As the father was living when…
2Cases cited5 opinions
- Bartley v. . RichtmyerNew York Court of Appeals · 1850
- Matthews v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- White v. . NellisNew York Court of Appeals · 1865
- Dain v. . WycoffNew York Court of Appeals · 1852
- Mulvehall v. . MillwardNew York Court of Appeals · 1854
3Cited by6 opinions
- O'Rourke v. John Hancock Mut. Life InsuranceNew York Court of Common Pleas · 1894
- Trinity County Dumber Co. v. ConnerCourt of Appeals of Texas · 1916
- Mundt v. GloknerNew York Supreme Court · 1897
- Adams v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1913
- Richmond v. Second Avenue RailroadThe Superior Court of the City of New York and Buffalo · 1894
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