Murphy v. New York & New Haven Railroad
Supreme Court of Connecticut
Action on the case, brought by the plaintiff as administrator of the estate of John Murphy, for an injury to the intestate, causing his death.
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Action on the case, brought by the plaintiff as administrator of the estate of John Murphy, for an injury to the intestate, causing his death. The material part of the declaration was as follows :— “ In a plea of the case, whereupon the plaintiff, as administrator aforesaid, declares and says, that heretofore, to wit, on the 11th day of May, 1860, the said John Murphy, then and there in full life, being a child of the age of six years, was playing along the railroad track, used and possessed by said New York and New Haven Railroad Company, near the Temple street bridge in said town of New…
1Opinion of the CourtEllsworth, J.
The single question raised on this motion in error is, whether there is a cause of action stated in the plaintiff’s declaration. The defendants claim that there is not; and in support of their position, urge that, as the action is case, consequential damages are necessary as the gist of the action, while there are none here alleged, inasmuch as the plaintiff’s intestate was killed instantly by the blow, and therefore could have sustained no consequential injury.
But it is alleged in the declaration that the running of the engine-upon the intestate, and his consequent death, were caused by the…
2Cited by23 opinions
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Ecker v. Town of West HartfordSupreme Court of Connecticut · 1987
- Burkhardt v. Armour & Co.Supreme Court of Connecticut · 1932
- Perham v. Portland Electric Co.Oregon Supreme Court · 1898
- Kling v. TorelloSupreme Court of Connecticut · 1913
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