Legal Opinion

Andrews v. Hartford & New Haven Railroad

Supreme Court of Connecticut

Decided February 15, 1867PublishedCited by 22 opinions

Action on the statute (Gen. Statutes,-p. 202, sec. 544,) which gives a right of action to the executor or administrator of a deceased person killed by the negligence of a railroad company, for the benefit of the wife and children or heirs of the deceased; such suit to be brought within one year after the cause of action arises.

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Action on the statute (Gen. Statutes,-p. 202, sec. 544,) which gives a right of action to the executor or administrator of a deceased person killed by the negligence of a railroad company, for the benefit of the wife and children or heirs of the deceased; such suit to be brought within one year after the cause of action arises. The declaration alleged that the plaintiff was the administrator of George Andrews deceased, and that he was injured while a passenger on the cars of the defendants, by reason of the negligence of the defendants, on the 29th day of December, 1864, and soon after died…

1Opinion of the CourtButler, J.

The only material question in. this case is whether the action was barred by any statute of limitation.

It is founded on section 544 of the act relating to communities and corporations. The section provides in substance that where a life is lost by reason of the negligence of a railroad company, such company shall be liable to pay damages not exceeding five thousand nor less than one thousand dollars, to the use of the executor or administrator, in an action on that statute, for the benefit of the husband, or widow, or children, or heirs, as the case may be.

It is immaterial, as we have before…

2Cases cited1 opinion

  1. Hobart v. Connecticut Turnpike Co.Supreme Court of Connecticut · 1842

3Cited by22 opinions

  1. Reading Co. v. KoonsSupreme Court of the United States · 1926
  2. McCarthy v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1877
  3. St. Louis S. F. R. Co. v. Goode, Adm'x.Supreme Court of Oklahoma · 1914
  4. American R. Co. of Porto Rico v. CoronasCourt of Appeals for the First Circuit · 1916
  5. Radezky v. Sargent & Co.Supreme Court of Connecticut · 1904

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