Tilley v. . the Hudson River Railroad Company
New York Court of Appeals
Action to recover for the death of the plaintiff’s intestate (who was also his wife), from injuries resulting from the alleged negligence of the defendants, brought pursuant to the acts of the legislature authorizing such actions.
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Action to recover for the death of the plaintiff’s intestate (who was also his wife), from injuries resulting from the alleged negligence of the defendants, brought pursuant to the acts of the legislature authorizing such actions. The intestate was a passenger upon the defendants’ railroad in January, 1860, when a collision took place between a freight train and the passenger train in which she was traveling, by which she was so badly injured that she died a few days afterwards. Ho question was made but that the collision arose from negligence on the part of the defendants’ servants. Up to…
1Opinion of the CourtDbnio, J.
One ground of estimating the damages, which the jury were instructed to take into consideration, was the expectancy of the children of the deceased in the fruits of her earnings in the business of making shirts, in which she was engaged. It was conceded that these earnings, immediately upon being realized, became the property of her husband; and that the only way in which the children could be benefited by them would be by succeeding to them as the next of kin Of their father, in the event of his continuing to own them, of their surviving him, and of his dying intestate. It seems to me that…
2Cases cited1 opinion
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
3Cited by83 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- De Long v. County of ErieNew York Court of Appeals · 1983
- Millington v. Southeastern Elevator Co.New York Court of Appeals · 1968
- Liff v. SchildkroutNew York Court of Appeals · 1980
- Morgan v. Railroad Co.Supreme Court of the United States · 1878
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