Pernisi v. John Schmalz' Sons
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, “ John Schmalz’ Sons (Incorporated),” from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the cleric of the county of Kings on the 30tli day of June, 1910, denying the defendant’s motion for judgment on the pleadings, pursuant to section 547 -of the Code of Civil Procedure.
1Opinion of the Court
Thomas, J.:
The question is,, whether a complaint in' an action for damages for death, under section 1902 of the Code of Civil Procedure, should show that' the action was commenced within two years after the decedent’s death. The cause of action, not existing at common law, was given in this State by chapter 450 of the Laws of 1847. The substance of the act is-in two sections, the first creating the liability, and the second describing the person enabled to bring the action, and to whom distribution should be made, and the nature of the damages. Then-follow these words: “Provided that every…
2Cases cited6 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Hill v. Board of SupervisorsNew York Court of Appeals · 1890
- Hamilton v. Royal Insurance Co. of Liverpool, EnglandNew York Court of Appeals · 1898
- Johnson v. . Phoenix Bridge Co.New York Court of Appeals · 1910
- Colell v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- Brookshire v. BurkhartSupreme Court of Oklahoma · 1929
- In re Clinchfield Nav. Co.District Court, S.D. New York · 1928
- Leun v. BrimmerAppellate Division of the Supreme Court of the State of New York · 1922
- Agresta v. Federal Steam Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1915
4 more not listed; retrieve them via the Exa API.