Legal Opinion
Basso v. John T. Clark & Son, Inc.
New York Supreme Court
Decided July 15, 1919PublishedCited by 5 opinions
Motion for judgment on the pleadings.
1Opinion of the CourtBenedict, J.
Administrators sue defendant under section 1902 of the Civil Code for damages for negligently causing the death of Salvatore Basso, their intestate. At common law an action for negligently causing personal injuries abated upon the death of the person injured. Neither the right to bring such an action as the present nor the remedy afforded by our Code provision existed at common law. The present action is purely statutory. McKay v. Syracuse R. T. R. Co. 208 N. Y. 359. Statutes conferring the right to maintain actions for damages in death cases are within the legitimate scope of state…
2Cases cited11 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- The LottawannaSupreme Court of the United States · 1875
- Shanahan v. . Monarch Engineering Co.New York Court of Appeals · 1916
- Rowell v. . JanvrinNew York Court of Appeals · 1896
- McKay v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1913
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3Cited by5 opinions
- Georgia Casualty Co. v. HaygoodSupreme Court of Alabama · 1923
- Netherlands American Steam Nav. Co. v. GallagherCourt of Appeals for the Second Circuit · 1922
- Morris v. MuldoonAppellate Division of the Supreme Court of the State of New York · 1920
- City of Oswego v. Peoples Gas & Electric Co.New York Supreme Court · 1921
- Morris v. MuldoonNew York Supreme Court · 1919