Butler v. New York & Erie Rail Road
New York Supreme Court
THIS action was commenced in a justice’s court, and the plaintiff’s complaint' was as follows : “ The plaintiff complains of the defendants for that on or about the 21st March, 1853, at Union, in said county, defendants by their cars and engines carelessly and negligently ran over and killed one yoke of oxen the property of one David C. Warner, of the value of $100, which claim has been assigned and belongs to the plaintiff, and for which he claims judgment to $100.” The…
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THIS action was commenced in a justice’s court, and the plaintiff’s complaint' was as follows : “ The plaintiff complains of the defendants for that on or about the 21st March, 1853, at Union, in said county, defendants by their cars and engines carelessly and negligently ran over and killed one yoke of oxen the property of one David C. Warner, of the value of $100, which claim has been assigned and belongs to the plaintiff, and for which he claims judgment to $100.” The defendants denied the complaint. James H. Christopher testified upon the trial that he purchased this claim of Warner and…
1Opinion of the Court
By the Court, Mason, J.
The first question which I propose to consider in this case is, whether the plaintiff, as assignee of this cause of action, was entitled to recover those damages in this action. At common law a right of action for injuries to the person or character were not assignable. (19 Wend. 173. 7 How. Pr. R. 492.) These are mere personal torts and die with the party, and are not assignable. Such are actions of slander, libel, assault and battery, false imprisonment, crim. con., seduction, &c. On the other hand, where the injury affects the estate rather than the person, where the…
2Cases cited3 opinions
- People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
- Van Dyne v. ThayreNew York Supreme Court · 1838
- Thurman v. WellsNew York Supreme Court · 1854
3Cited by17 opinions
- G. H. & S. A. R. R. v. FreemanTexas Supreme Court · 1882
- Stewart v. BalderstonSupreme Court of Kansas · 1872
- Final v. BackusMichigan Supreme Court · 1869
- Sherman v. . ElderNew York Court of Appeals · 1862
- Snyder v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
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