Brown v. . the Buffalo and State Line Railroad Company
New York Court of Appeals
Appeal from the Supreme Court. Action against the defendant under the provisions of the act of December 13, 1847 (ch. 450), as amended by the act of 1849 (eh. 256), for negligently causing the death of Daniel P. Brown, the plaintiff’s intestate.
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Appeal from the Supreme Court. Action against the defendant under the provisions of the act of December 13, 1847 (ch. 450), as amended by the act of 1849 (eh. 256), for negligently causing the death of Daniel P. Brown, the plaintiff’s intestate. On the trial, these facts were established: On the 28th of June, 1856, Brown, together with Rhodes and Shultes, started in a two-horse wagon, the horses and wagon belonging to Rhodes, to go from the city of Buffalo to their home in Springville, in the county of Brie. They started about nine o’clock in the evening and passed along through Elk street,…
1Opinion of the CourtWelles, J.
The first point made by the defendant for reversing the judgment, is, that, as the evidence shows, without contradiction, that the death of the plaintiff’s intestate was instantaneous upon the collision of the train with the wagon in which the intestate was riding, no action will lié for causing his death. Whatever the rule of the common law was in such a case, we are clear that in view of the statute of 1847, above referred to, this^obiection to the plaintiff’s right of_aetion—eannet be maintained] The first section of the ,statute provides that whenever the death of a person shall be…
2Cases cited2 opinions
- People v. StevensNew York Supreme Court · 1835
- Behan v. . the PeopleNew York Court of Appeals · 1858
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- Knupfle v. . Knickerbocker Ice CompanyNew York Court of Appeals · 1881
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
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