Legal Opinion

Wikoff v. Hirschel

New York Court of Appeals

Decided January 5, 1932PublishedCited by 27 opinions

1Opinion of the Court

Cardozo, Ch. J.

The action is brought to recover damages for the defendant’s negligence in causing the death of John H. Wikoff in Monmouth county, New Jersey.

A statute of New Jersey, enacted in 1848 and amended from time to time, established a cause of action in such circumstances, the suit to be brought in the name of the personal representatives, and the recovery to be for the exclusive benefit of widow, husband and next of kin in the proportion provided by law for the distribution of personal property upon intestate succession.

A supplemental statute, enacted in 1917 (Laws of New Jersey,…

2Cases cited5 opinions

  1. Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
  2. Slater v. Mexican National RailroadSupreme Court of the United States · 1904
  3. Helme v. . BuckelewNew York Court of Appeals · 1920
  4. McMaster v. GouldNew York Court of Appeals · 1925
  5. Dearborn v. MathesMassachusetts Supreme Judicial Court · 1880

3Cited by27 opinions

  1. Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
  2. Cooper v. American Airlines, Inc.Court of Appeals for the Second Circuit · 1945
  3. Meehan v. Central Railroad Company of New JerseyDistrict Court, S.D. New York · 1960
  4. Joe W. Collins, as Committee for Travious Riddle Collins, Incompetent v. American Automobile Insurance Company of St. Louis, MissouriCourt of Appeals for the Second Circuit · 1956
  5. Baldwin v. PowellNew York Court of Appeals · 1945

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