Vandeventer v. New York & New Haven Rail Road
New York Supreme Court
THIS action was brought to recover damages for negligently killing the plaintiff’s testator while in a car of the defendants as a passenger, at what is known as the Norwalk calamity, which occurred in 1852, at Norwalk in' Connecticut. The complaint stated the facts on which the action was based, and they were proved on the trial.
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THIS action was brought to recover damages for negligently killing the plaintiff’s testator while in a car of the defendants as a passenger, at what is known as the Norwalk calamity, which occurred in 1852, at Norwalk in' Connecticut. The complaint stated the facts on which the action was based, and they were proved on the trial. But neither in the pleadings nor in the proofs was the law of Connecticut stated ; and the defendants insisted that for that reason the plaintiff could not recover, and moved to dismiss the complaint; which motion was denied. The judge charged the jury that the…
1Opinion of the CourtPeabody, J.
The objection made by the defendants seems to be entirely fatal to this case. The deceased was killed instantly, by the negligence of the defendants. At common law no action for damages would lie for such a killing. (Warley v. Cincinnati, Ham. and Dayton R. R. Co., 1 Handy’s Ohio Rep. 481. Ashby v. White, 2 Smith’s Lead. Cas. 131 ,note.) This accident, and the acts and omissions complained of, oc*246curred in Connecticut; and whether an action will lie for acts done there depends on the l.aws of Connecticut. New York does not prescribe what may or may not be done in Connecticut ; nor does she…
2Cited by7 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Stoeckman v. Terre Haute & Indianapolis RailroadMissouri Court of Appeals · 1884
- Carnahan v. Western Union Telegraph Co.Indiana Supreme Court · 1883
- Crowley v. Panama Rail RoadNew York Supreme Court · 1859
- Cavanagh v. Ocean Steam Navigation Co.New York Supreme Court · 1890
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