Cregin v. . Brooklyn Crosstown Railroad Co.
New York Court of Appeals
Appeal from order of the General Term of the City Court of Brooklyn, affirming an order of Special Term continuing this action in the name of Thomas Cregin as administrator of the plaintiff, he having died pending the action.
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Appeal from order of the General Term of the City Court of Brooklyn, affirming an order of Special Term continuing this action in the name of Thomas Cregin as administrator of the plaintiff, he having died pending the action. This action was brought by plaintiff to recover for the loss of the services and society ot his wife, and for expenses of medical attendance, etc., the complaint alleging, in substance, that defendant received the wife of the plaintiff upon one of its cars as a passenger, that she paid her fare and that through the negligence of defendant and its servants she was thrown…
1Opinion of the CourtRapallo, J.
We think the appellant is correct in the position that this is an action grounded in tort. The complaint alleges that the defendant received plaintiff’s wife in one of its cars as a passenger; that she paid her fare, and while she was such passenger she was thrown down and injured by the negligence of the defendant. No contract with the plaintiff is alleged, and the gravamen of the complaint is the wrongful injury to the person of his wife.
The cause of action is therefore one which at common law would have abated by the death of the plaintiff, and the only point to be considered is whether…
2Cases cited2 opinions
- Wade v. . KalbfleischNew York Court of Appeals · 1874
- Haight v. . HaytNew York Court of Appeals · 1859
3Cited by59 opinions
- Tinker v. ColwellSupreme Court of the United States · 1904
- Flight Line, Inc. v. TanksleyMississippi Supreme Court · 1992
- Bennett v. . BennettNew York Court of Appeals · 1889
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- Barnes Coal Corp. v. Retail Coal Merchants Ass'nCourt of Appeals for the Fourth Circuit · 1942
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