Crapo v. . City of Syracuse
New York Court of Appeals
. Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 15, 1904, which reversed a judgment in favor of plaintiff entered upon a- verdict and an order denying a motion for a new trial and granted a new trial.
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. Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 15, 1904, which reversed a judgment in favor of plaintiff entered upon a- verdict and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion of O’Brien, J. An action to recover for death loss is not an action for personal injuries, but a new cause of action given by statute. (Matter of Meekin v. B. H. R. Co., 164 N. Y. 145 ; Whitford v. P. R. R. Co., 23 N. Y. 465 ; Snedecker…
1Opinion of the Court
Though I concur in reversing the order of the Appellate Division and in the affirmance of the judgment of the trial court, I am of opinion that the action is one for personal injuries within the meaning of chapter 572 of the Laws of 1886. Certainly it was an injury to the person of the deceased that gave rise to the cause of action, and it is not necessary to constitute the action one for personal injuries that it should be for injuries to the person of the plaintiff. Unless this is so neither an action by a husband for injuries to his wife nor by a parent for injuries to a child would fall…
2Cases cited2 opinions
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
- Barnes v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by69 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Reading Co. v. KoonsSupreme Court of the United States · 1926
- Murphy v. . Village of Fort EdwardNew York Court of Appeals · 1915
- Killian v. Metropolitan Life InsuranceNew York Court of Appeals · 1929
- Winbush v. City of Mount VernonNew York Court of Appeals · 1954
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