Hughes v. . City of Auburn
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 29, 1897, sustaining plaintiffs exceptions to the direction of a verdict for the defendant, and granting a new trial. This action was brought by the plaintiff, in her representative capacity, to recover the statutory damages in cases of death caused by the wrongful act or neglect of another.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 29, 1897, sustaining plaintiffs exceptions to the direction of a verdict for the defendant, and granting a new trial. This action was brought by the plaintiff, in her representative capacity, to recover the statutory damages in cases of death caused by the wrongful act or neglect of another. It is alleged in the complaint, and the proof tended to show that some years prior to the year 1881 the defendant caused to be built across a private lot a dry stone sewer for the purpose…
1Opinion of the CourtO’Brien, J.
The plaintiff seeks in this action to recover the damages resulting from the death of her daughter, a young girl, about twenty-two years old at the time of her death, in the month of May, 1892. She died from a disease which one of the physicians described as catarrhal pneumonia, caused or aggravated by the unwholesome atmosphere of the house where she lived with her mother. It is alleged that in consequence of offensive air and dampness in the house, caused by sewage entering the cellar from the drains and sewers constructed by the defendant, the deceased contracted the disease from which she…
2Cases cited5 opinions
- Springfield Fire & Marine Insurance v. Village of KeesevilleNew York Court of Appeals · 1895
- Allen v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Hughes v. . County of MonroeNew York Court of Appeals · 1895
- Kavanagh v. . BarberNew York Court of Appeals · 1892
- Buckley v. City of New BedfordMassachusetts Supreme Judicial Court · 1891
3Cited by23 opinions
- Workman v. New York CitySupreme Court of the United States · 1900
- Barker v. City of Santa FeNew Mexico Supreme Court · 1943
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Folk v. City of MilwaukeeWisconsin Supreme Court · 1900
- Keever v. City of MankatoSupreme Court of Minnesota · 1910
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