Loucks v. . Standard Oil Co.
New York Court of Appeals
Appeal from a judgment entered May 12, 1916, upon an order of the Appellate' Division óf the Supreme Court in the fourth judicial department, which reversed an order of Special Term denying a motion by defendant for judgment in its favor upon the pleadings and granted said motion. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtCardozo, J.
o The action is brought to recover damages for”injuries resulting in death. The plaintiffs are the administrators of the estate of Everett A; Loucks. Their intestate, while traveling on a highway in the state of Massachusetts, was run down and killed through' the negligence of the defendant’s servants then engaged in its business. He left, a wife and two children, residents of New York. A statute of Massachusetts/(P. L. ch. 171", § 2, as amended by L. 1907, ch. 375)/provides that “ if a person or corporation by his or its negligence, or by the -negligence of his or its agents and servants…
2Cases cited44 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- The HarrisburgSupreme Court of the United States · 1886
- American Banana Co. v. United Fruit Co.Supreme Court of the United States · 1909
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
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- Cooney v. Osgood Machinery, Inc.New York Court of Appeals · 1993
- Griffin v. McCoachSupreme Court of the United States · 1941
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