Benyak v. Lehigh Coal & Navigation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Benyak, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 12th day of December, 1914, denying his motion for an order directing that Marie Benyak, his wife, be • joined as a party plaintiff in the action and that the summons and complaint herein be amended by adding her name thereto as a party plaintiff.
1Opinion of the Court
Clarke, J.:
This action was brought by John Benyak under the statute of Pennsylvania (Act of April 26, 1855, P. L. 309, §§ 1, 2), to recover damages for the death of his minor son caused by the négligence of the defendant, in whose employ said son was at the time of his death. Said statute, as alleged in the complaint, provides as follows: “ The persons entitled, to recover damages for any injury causing death, shall be the husband, widow, children or parents of the deceased, and no. other relative; and the sum recovered shall go to them in the proportion they would take his or her personal…
2Cases cited2 opinions
- Johnson v. . Phoenix Bridge Co.New York Court of Appeals · 1910
- Johnson v. Phœnix Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by4 opinions
- Princeton Textile Printing Corp. v. Walter Peek Paper Corp.New York Supreme Court · 1949
- Chsaitis v. Lehigh Valley Coal Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Hughes v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1919
- Roman v. Lehigh Valley Coal Co.District Court, E.D. New York · 1917