Safford v. Drew
The Superior Court of New York City
The complaint alleged that the plaintiff is the father of George E. Safford, late of the city of Hew York, deceased; that on the tenth day of December, 1853, letters of administration were granted to the said plaintiff by the Surrogate of the city and county of Hew York, giving the said plaintiff full power to administer upon the goods, chattels, and credits of the said George E. Safford.
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The complaint alleged that the plaintiff is the father of George E. Safford, late of the city of Hew York, deceased; that on the tenth day of December, 1853, letters of administration were granted to the said plaintiff by the Surrogate of the city and county of Hew York, giving the said plaintiff full power to administer upon the goods, chattels, and credits of the said George E. Safford. That on or about the 16th day of July, 1853, and at the time of the collision hereinafter described, and of the burning, scalding, wounding, and death of the said George R. Safford hereinafter mentioned and…
1Opinion of the Court · DuerDuer, J.
The questions are certainly new which this demurrer raises, and I will not affirm that they are free from difficulty.
The complaint is unquestionably good, if it avers all the facts which, if controverted, the plaintiff will be bound to prove upon the trial, in order to maintain the action, and if the question stood alone on the construction to be given to the first section of the statute, I should not hesitate to say that the only facts necessary to be proved upon the trial, and, consequently, to be averred in the complaint, are the death of the person by whose representatives the action is…
Also in this document: Opinion of the Court · Coleridge.
2Cases cited2 opinions
- Baker v. BaileyNew York Supreme Court · 1852
- Miller v. UmbehowerSupreme Court of Pennsylvania · 1823
3Cited by33 opinions
- Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
- Lake Shore & Michigan Southern Railway Co. v. HessionsIllinois Supreme Court · 1894
- Chicago & Rock Island Railroad v. MorrisIllinois Supreme Court · 1861
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Ewen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
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