Richardson v. New York Central Railroad
Massachusetts Supreme Judicial Court
Tort for damages by reason of the death of the plaintiff’s intestate, through the alleged negligence of the defendants while he was a passenger on their railroad in New York, on December 31,1865. Writ dated December 11,1866. The declaration alleged that the deceased was an inhabitant of Charlestown in Massachusetts; that letters of administration on his estate were duly issued to the plaintiff on January 9, 1866, by the judge of probate, for Middlesex; and that the…
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Tort for damages by reason of the death of the plaintiff’s intestate, through the alleged negligence of the defendants while he was a passenger on their railroad in New York, on December 31,1865. Writ dated December 11,1866. The declaration alleged that the deceased was an inhabitant of Charlestown in Massachusetts; that letters of administration on his estate were duly issued to the plaintiff on January 9, 1866, by the judge of probate, for Middlesex; and that the plaintiff’s right of action accrued by virtue of the act of the legislature of New York, passed December 13, 1847, and amended…
1Opinion of the CourtHoar, J.
The court are all of opinion that this action cannot be maintained, and that the demurrer must prevail.
There is great difficulty in ascertaining what cause of action this plaintiff has against the defendants, or how she acquired any. By the common law, and by the laws of this Commonwealth, no action could be brought against the railroad company for negligently causing the death of the plaintiff’s intestate. This is conceded; and the plaintiff rests her case wholly on the statute of New York. If this be a penal statute, it cannot be enforced beyond the territory in and for which it was…
2Cases cited1 opinion
- Brock v. MilliganOhio Supreme Court · 1840
3Cited by48 opinions
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Howarth v. LombardMassachusetts Supreme Judicial Court · 1900
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