Littlewood v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 2, 1881, which overruled plaintiff’s exceptions and directed judgment on an order dismissing the complaint on trial. (Mem. of decision below, 15 J. & S. 547.) This action was brought to recover damages for the death of Patrick Littlewood, plaintiff’s intestate, alleged to have been caused by defendant’s negligence.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 2, 1881, which overruled plaintiff’s exceptions and directed judgment on an order dismissing the complaint on trial. (Mem. of decision below, 15 J. & S. 547.) This action was brought to recover damages for the death of Patrick Littlewood, plaintiff’s intestate, alleged to have been caused by defendant’s negligence. The answer alleged and it was admitted on the trial that plaintiff’s intestate during his life-time brought suit against defendant for the injuries sustained by…
1Opinion of the CourtRaparlo, J.
The counsel for the plaintiff is sustained by the authorities in the proposition upon which he mainly bases his argument in this case, viz.: That the right of action given by the act of 1847, to the personal representatives of one whose death has been caused by the wrongful act, neglect or default of another, is a new right of action created by the statute, and is not a mere continuation in the representatives, of the right of action which the deceased' had in his life-time. But it seems to me that this is not the point upon which the case turns, and that the true question is, whether, in…
2Cases cited3 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Goit v. National Protection InsuranceNew York Supreme Court · 1855
- Dibble v. New York & Erie Rail RoadNew York Supreme Court · 1857
3Cited by87 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Thompson v. WingOhio Supreme Court · 1994
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Louisville, Evansville, & St. Louis Railroad v. ClarkeSupreme Court of the United States · 1894
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