Fontheim v. Third Avenue Railway Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCohn, J.
Plaintiff’s intestate, Alphonse Fontheim, was rendered incompetent from injuries suffered in an accident on December 22, 1937. Suit for personal injuries was instituted in his behalf against this defendant through a guardian ad litem appointed for that purpose. During intestate’s lifetime the action was reduced to judgment, which this defendant satisfied by payment in full.
Subsequently and on June 30, 1938, Fontheim died of his injuries. This action was then commenced by his next of kin to recover damages for his wrongful death. As a separate and complete defense and bar to the present action…
2Cases cited18 opinions
- Woollcott v. . ShubertNew York Court of Appeals · 1916
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- Kelliher v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1914
- Strode v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Hill v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
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3Cited by11 opinions
- Alfone v. SarnoSupreme Court of New Jersey · 1981
- Doe v. StateAppellate Division of the Supreme Court of the State of New York · 1993
- McDaniel v. Clarkstown Central School District No. 1Appellate Division of the Supreme Court of the State of New York · 1985
- Standard Accident Insurance v. NewmanNew York Supreme Court · 1944
- Lubin v. Sydenham Hospital, Inc.New York Supreme Court · 1943
6 more not listed; retrieve them via the Exa API.