Green v. Hudson River Rail Road
New York Supreme Court
DEMURRER to complaint. The material portions of the complaint are set forth in the opinion of the court. I. An action at law brought by -the plaintiff against the defendant for the loss of service of the plaintiff’s wife, who was killed through the negligence of the defendant, will lie upon the principles of the common law.
Read the full summary
DEMURRER to complaint. The material portions of the complaint are set forth in the opinion of the court. I. An action at law brought by -the plaintiff against the defendant for the loss of service of the plaintiff’s wife, who was killed through the negligence of the defendant, will lie upon the principles of the common law. (Ford v. Monroe, 20 Wend. 210. Ware’s Rep. 69. Lynch v. Davis, 12 How. 322.) The plaintiff, being entitled to the services of his wife during the period of her natural life, is entitled to recover the pecuniary damage he has sustained by the neglect of the defendant, to…
1Opinion of the CourtBacon, J.
The plaintiff in this case was the husband of Eliza Green, who lost her life on the 9th day of January, 1856, by a collision of the cars on the defendant’s rail road. The complaint avers that the deceased became a' passenger on the train from Albany to blew York, under the usual engagement to be safely carried, and that by the gross carelessness and unskillfulness of the defendant’s agents, a collision occurred, by means of which the said Eliza was then and there killed. The plaintiff then avers, that as the husband of the deceased, he has lost and been deprived of all the comfort, benefit…
2Cases cited3 opinions
- Ford v. MonroeNew York Supreme Court · 1838
- Safford v. DrewThe Superior Court of New York City · 1854
- Worley v. Cincinnati, Hamilton, & Dayton RailroadOhio Superior Court, Cincinnati · 1855
3Cited by27 opinions
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Hyatt v. AdamsMichigan Supreme Court · 1867
- Hegerich v. . KeddieNew York Court of Appeals · 1885
22 more not listed; retrieve them via the Exa API.