Cregin v. . Brooklyn Crosstown R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 8, 1879, affirming a judgment in favor of plaintiff, entered upon a verdict. {Reported' below, 19 Ilun, 341.) The nature of the action and the material facts are set forth in the opinion. bfeither the society of a wife, nor the comfort which a husband may lose, by a negligent injury to her, survives to his administrator.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 8, 1879, affirming a judgment in favor of plaintiff, entered upon a verdict. {Reported' below, 19 Ilun, 341.) The nature of the action and the material facts are set forth in the opinion. bfeither the society of a wife, nor the comfort which a husband may lose, by a negligent injury to her, survives to his administrator. (Cregin v. Crosstown R. R. Co., 56 How. 465; 75 N. Y. 192-194; 25 Hun, 369; George v. Van Horn, 9 Barb. 523; Howard v. Peck, 50 id. 202;…
1Opinion of the CourtFinch, J.
This action was originally brought by a husband for a wrongful injury to the person of his wife, whereby he suffered damages in the loss of her services and society, and in the expenses of such care and medical attendance as became necessary. Pending the action, but before trial, the husband died and the action was revived, his administrator being substituted as plaintiff. The question whether the cause of action survived came before us on appeal. (75 N. Y. 192.) Its answer involved a construction of the statute relating to suits by and against executors and administrators. (3 R. S. [6th ed.]…
2Cases cited2 opinions
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
- Moore v. . HamiltonNew York Court of Appeals · 1871
3Cited by23 opinions
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- Frazier v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1897
- Hamilton v. JonesIndiana Supreme Court · 1890
- Stout v. K. C. Terminal Railway Co.Missouri Court of Appeals · 1913
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