Leonard v. . Columbia Steam Navigation Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made February 6, lb80, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence causing the death of plaintiff’s intestate. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made February 6, lb80, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence causing the death of plaintiff’s intestate. The facts appear sufficiently in the opinion. The motion to dismiss should have been granted because the statutes of Connecticut do not give any right of action to the representative for pecuniary injuries sustained by the next of kin in consequence of death by wrongful act,…
1Opinion of the CourtMiller, J.
The intestate was killed by reason of the explosion of a boiler of a steamer within the boundaries of the State of Connecticut, which the jury found was occasioned by the negligence of the defendant, who was the owner thereof. The statutes of that State created a cause of action in favor of and for the benefit of the next of kin and heirs at law, in certain cases which are enumerated. By the Bevised Statutes (ed. of 1875), section 3, page 488, a right of action is given to the representatives of a person killed by the negligence of any railroad company or its servants, to recover damages to…
2Cases cited12 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875
- Richardson v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Brock v. MilliganOhio Supreme Court · 1840
- Jessup v. . CarnegieNew York Court of Appeals · 1880
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3Cited by125 opinions
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
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