Legal Opinion · Dissent
Domres v. Storms
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1932Published
1Dissent
Edgcomb, J. (dissenting).
I think that the complaint was properly dismissed by the trial court, and that the judgment appealed from should be affirmed.
Plaintiff’s cause of action would not have survived Mr. Storms’ death had the accident occurred in this State.
Originally, at common law, all actions arising ex delicto died with the person by whom or to whom the wrong was done. (Hegerich v. Keddie, 99 N. Y. 258; Brackett v. Griswold, 103 id. 425, 427; Bernstein v. Queens County Jockey Club, 222 App. Div. 191, 193, 194.)
This rule has been modified to some extent in this State by statute, but not…
2Cases cited18 opinions
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Gregonis v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1923
- People v. . HawkinsNew York Court of Appeals · 1898
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