Meekin v. Brooklyn Heights Railroad
New York Court of Appeals
Appeal, by permission, fi'.om an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 4, 1900, modifying and affirming as modified an order of Special Term reviving and continuing an action. On the 5th of October, 1899, an action was brought by-Charles Meekin, as administrator of his deceased daughter, Laurie Meekin, against the Brooklyn Heights Railroad Company, to recover damages for negligently causing her death.
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Appeal, by permission, fi'.om an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 4, 1900, modifying and affirming as modified an order of Special Term reviving and continuing an action. On the 5th of October, 1899, an action was brought by-Charles Meekin, as administrator of his deceased daughter, Laurie Meekin, against the Brooklyn Heights Railroad Company, to recover damages for negligently causing her death. After issue was joined and the action had been placed on the calendar for trial. Charles Meekin died and the petitioner was.…
1Opinion of the CourtVann, J.
By the act of 1847, now substantially embodied in the Code of Civil Procedure, a right of action, unknown to the common law, was created, which has since been perpetuated by the Revised Constitution. (L. 1847, ch. 450; Const, art. 1, § 18» The personal representatives of a decedent who left a husband, wife or next of kin are authorized to “ maintain an action to recover damages for a wrongful act, neglect or default, by which the decedent’s death was caused, against a natural person who, or a corporation which, would have been liable to an action in favor of the decedent, by reason thereof,…
2Cases cited18 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
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3Cited by85 opinions
- Van Beeck v. Sabine Towing Co.Supreme Court of the United States · 1937
- Miller v. MillerNew York Court of Appeals · 1968
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Johnson v. Consolidated Freightways, Inc.Supreme Court of Minnesota · 1988
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
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