Murphy v. New York & New Haven Railroad
Supreme Court of Connecticut
Action on the case, brought by the plaintiff as administrator of the estate of John Murphy, for an injury to the intestate, through the negligence of the defendants, causing his death. A demurrer by the defendants was overruled and the case heard in damages..
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Action on the case, brought by the plaintiff as administrator of the estate of John Murphy, for an injury to the intestate, through the negligence of the defendants, causing his death. A demurrer by the defendants was overruled and the case heard in damages.. On the hearing it was proved that the deceased, a boy about six years old, was playing at the time of the injury upon the track of the defendants’ railroad in the city of New Haven, at a place where it was fenced in by a wall about three feet high, from the top of which there was a sloping embankment on each side ; that while he was so…
1Opinion of the CourtHinman, J.
Y/e see no ground in this case for a re-assessment of the plaintiff’s damages. It may be admitted, as claimed by the defendants, that the action rests upon the claim that the deceased suffered pain for the brief period that elapsed between the time of his death and the accident which caused it, for which he had a cause of action in his life-time, which has survived to his administrator by force of the statute, and still there can be no new trial or re-hearing upon the question of damages. Under our practice the facts must be taken to be precisely what they have been found to be by the…
2Cases cited1 opinion
- Linsley v. BushnellSupreme Court of Connecticut · 1842
3Cited by9 opinions
- Higgins v. Central New England & Western RailroadMassachusetts Supreme Judicial Court · 1892
- Kling v. TorelloSupreme Court of Connecticut · 1913
- Budd v. Meriden Electric RailroadSupreme Court of Connecticut · 1897
- Worrie v. BozeSupreme Court of Virginia · 1957
- Illinois Central Railroad v. FullerMississippi Supreme Court · 1913
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