Hanrahan v. Cochran
Appellate Division of the Supreme Court of the State of New York
. Appeal by the plaintiff, Margaret Hanrahan, as administratrix, ■etc., of Matthew Hanrahan, deceased, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the ■county of Onondaga on the 5th day of December, 1895, as directs that the complaint herein be dismissed as to the defendant George Cochran.upon a nonsuit granted by the court as to the defendant George 'Cochran after a trial before the court and a jury at the Onondaga Circuit. •< .…
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. Appeal by the plaintiff, Margaret Hanrahan, as administratrix, ■etc., of Matthew Hanrahan, deceased, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the ■county of Onondaga on the 5th day of December, 1895, as directs that the complaint herein be dismissed as to the defendant George Cochran.upon a nonsuit granted by the court as to the defendant George 'Cochran after a trial before the court and a jury at the Onondaga Circuit. •< . The court, at the close of the. plaintiff’s evidence, granted a non-suit as to the defendant Cochran. The trial…
1Opinion of the CourtWakd, J.
The defendants at the time of the accident that resulted in the death of the plaintiff’s intestate were- engaged in the commission of an unlawful and criminal act, and in Scott v. Shepherd (2 Wm. Black. 892), the famous squib case, De Gbey, Oh. J., says: “ Every one who does an unlawful act is' considered as the doer of all that follows.”
While .the trespass that resulted in the death of Hanrahan was ■not willful or intentional on the part of the defendants, nevertheless it was. a question for the jury to determine whether the act of fast driving, in which both defendants participated side by…
2Cases cited6 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859
- Knupfle v. . Knickerbocker Ice CompanyNew York Court of Appeals · 1881
- Colegrove v. New York & Harlem RailroadThe Superior Court of New York City · 1857
- Jetter v. New York & Harlem RailroadNew York Court of Appeals · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hall v. EI Du Pont De Nemours & Co., Inc.District Court, E.D. New York · 1972
- Carney v. DeweesSupreme Court of Connecticut · 1949
- Reader v. OttisSupreme Court of Minnesota · 1920
- De Carvalho v. . BrunnerNew York Court of Appeals · 1918
- Machacado v. City of New YorkNew York Supreme Court · 1975
4 more not listed; retrieve them via the Exa API.