Legal Opinion

Cregin v. Brooklyn Cross Town Railroad

New York City Court

Decided May 15, 1878Published

This was an action brought by the husband (the plaintiff above named) to recover for loss of services of his wife in consequence of injuries received, she being at the time - a passenger upon the defendant’s cars for hire. Such damage is alleged to consist of expenses incurred and to be incurred fpr medical attendance, &c., together with the following allegation of damage : “ Seventh.

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This was an action brought by the husband (the plaintiff above named) to recover for loss of services of his wife in consequence of injuries received, she being at the time - a passenger upon the defendant’s cars for hire. Such damage is alleged to consist of expenses incurred and to be incurred fpr medical attendance, &c., together with the following allegation of damage : “ Seventh. That the plaintiff has, ever _ since said injuries were received, been deprived of the comforts and services of his said wife, and will, he verily believes, permanently be deprived of the same by reason of the…

1Opinion of the CourtReynolds, J.

This is a motion to revive a suit brought by a husband for damages sustained by him in consequence of injuries to his wife, the husband having died pending the action.

The Revised Statutes (Banks' 5th ed., vol 3, p 746, sec. 1) provides that “ for wrongs done to the property, rights or interests of another, for which an action might be maintained against the wrong-doer, such action may be brought by the person injured, or after his death by his executors or administrators, against such wrong-doer,” &c. Section 2 provides that “the preceding section shall not extend to actions for slander, for…

2Cases cited5 opinions

  1. Wade v. . KalbfleischNew York Court of Appeals · 1874
  2. Campbell v. . PerkinsNew York Court of Appeals · 1853
  3. Cox v. New York CentralNew York Court of Appeals · 1875
  4. Fried v. New York Central RailroadSuperior Court of Buffalo · 1858
  5. George v. HornNew York Supreme Court · 1850

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