Legal Opinion
Becker v. Schwartz
New York Court of Appeals
Decided December 27, 1978PublishedCited by 318 opinions
1Opinion of the Court
OPINION OF THE COURT
Jasen, J.
From its earliest days, the common law steadfastly clung to the notion that "in civil court the death of a human being could not be complained of as an injury.” (Baker v Bolton, 1 Camp 493, 170 Eng Rep 1033 [KB, 1808].) Judicial hesitance to chart a novel course beyond the safe harbors afforded by prevailing legal theory, particularly the principle that a tort died with its victim (Huggins v Butcher, 1 Brown & Gold 205, 123 Eng Rep 756 [CP, 1607]), spurred legislative recognition of the cause of action since known as "wrongful death”. (See, generally, Prosser,…
2Cases cited26 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Codling v. PagliaNew York Court of Appeals · 1973
- Johnson v. State of New YorkNew York Court of Appeals · 1975
- Woods v. LancetNew York Court of Appeals · 1951
- Martin v. Julius Dierck Equipment Co.New York Court of Appeals · 1978
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3Cited by318 opinions
- Payton v. Abbott LabsMassachusetts Supreme Judicial Court · 1982
- Nelson v. KrusenTexas Supreme Court · 1984
- Bovsun v. SanperiNew York Court of Appeals · 1984
- Caronia v. Philip Morris USA, Inc.Court of Appeals for the Second Circuit · 2013
- De Angelis v. Lutheran Medical CenterNew York Court of Appeals · 1983
313 more not listed; retrieve them via the Exa API.