Salter v. . Utica Black River Railroad Co.
New York Court of Appeals
These were cross appeals from an order of the General Term of the Supreme Court in the fourth judicial department, made January 2‘2, 1881, which affirmed in part and reversed in part a Special Term order on motion to readjust costs, etc., herein. This action was brought in February 3, 1873, to recover damages for the alleged negligent killing of plaintiff’s intestate. It has been five times tried and twice to this court (75 FT.
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These were cross appeals from an order of the General Term of the Supreme Court in the fourth judicial department, made January 2‘2, 1881, which affirmed in part and reversed in part a Special Term order on motion to readjust costs, etc., herein. This action was brought in February 3, 1873, to recover damages for the alleged negligent killing of plaintiff’s intestate. It has been five times tried and twice to this court (75 FT. Y. 273 ; 59 id. 14), the plaintiff having recovered a verdict on the last trial. The costs were taxed by the clerk in October, 1880." The clerk overruled defendant’s…
1Opinion of the CourtAndrews, J.
The act of 1870 (Chap. 78,) declares that the amount of damages recovered in actions for compensation for causing death by wrongful act, neglect or default, “ shall draw interest from the time of the death of such deceased person, which interest shall be added to the verdict and inserted in the entry of judgment in such action.” We think that under this statute, the rate of interest, is governed by the statute regulating interest, in force when the damages are ascertained by verdict. The right to interest then accrues, and relates back to the time of the death. But the rate of interest on the…
2Cases cited1 opinion
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
3Cited by24 opinions
- O'Brien v. . YoungNew York Court of Appeals · 1884
- Batchelder v. TweedieSupreme Judicial Court of Maine · 1972
- People Ex Rel. Emigrant Ind. Sav. Bank v. SextonNew York Court of Appeals · 1940
- Foster v. QuigleySupreme Court of Rhode Island · 1962
- Myers v. Town of HarrisonCourt of Appeals for the Second Circuit · 1971
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