Gallagher v. Florida East Coast Ry. Co.
District Court, S.D. New York
At Law. Action by Peter Gallagher, as administrator of the goods, chattels, and credits of John Gallagher, deceased, against the Florida East Coast Railway Company. On demurrer to complaint.
1Opinion of the Court
MAYER, District Judge.
This is an action, brought by an administrator appointed in the county of New York, to recover damages for the death of the decedent in Florida due, as alleged, to the negligence of the defendant.
It appears from the complaint, to which defendant demurs, that decedent left no widow, minor child, or any person dependent on him for support.
The Florida statute here pleaded, which creates the cause of action, is so contrary to the policy of the state of New York that it will not be enforced in this jurisdiction.
[ 1 j It is, of course, well settled that the federal courts…
2Cases cited4 opinions
- Slater v. Mexican National RailroadSupreme Court of the United States · 1904
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Jacksonville Electric Co. v. BowdenSupreme Court of Florida · 1907
- Zeikus v. Florida East Coast Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by5 opinions
- Trust Co. Of Chicago v. Pennsylvania R. CoCourt of Appeals for the Seventh Circuit · 1950
- Stephenson v. Grand Trunk Western R. Co.Court of Appeals for the Seventh Circuit · 1940
- Rose v. Phillips Packing Co.District Court, D. Maryland · 1937
- Curtis v. CampbellCourt of Appeals for the Third Circuit · 1935
- Dougherty v. GutensteinDistrict Court, S.D. New York · 1935