Isaac v. Denver & Rio Grande Railway Co.
New York Court of Common Pleas
Appeal from a judgment of this court overruling a demurrer to a complaint. The complaint alleged that defendant was a corporation engaged in operating a railroad in the Territory of New Mexico, and in so doing conducted the business of carriers of passengers for hire ; that one Louis Adolph Isaac, was a passenger upon defendant’s railroad; that the car in which he was riding was, without any fault or negligence on his part, and solely by reason of t.he gross negligence and…
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Appeal from a judgment of this court overruling a demurrer to a complaint. The complaint alleged that defendant was a corporation engaged in operating a railroad in the Territory of New Mexico, and in so doing conducted the business of carriers of passengers for hire ; that one Louis Adolph Isaac, was a passenger upon defendant’s railroad; that the car in which he was riding was, without any fault or negligence on his part, and solely by reason of t.he gross negligence and wrongdoing of defendant, violently precipitated down an embankment, and he was thereby instantly killed ; that the…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The complaint alleges that the plaintiffs are the father and the mother of the deceased. By the act of the Territory of New Mexico, set forth in the complaint, and in pursuance of which *343the action is brought, the right to bring the action is given to the father and mother, or the survivor of them, if the deceased be a minor and unmarried. It is not averred in the complaint that the deceased was a minor, and in the appellants’ points the fact is conceded to be that he was of full age. In my opinion, that puts an end to this case. The statute of New Mexico imposes…
2Cases cited3 opinions
- Austin v. . GoodrichNew York Court of Appeals · 1872
- Jackson ex dem. Burhans v. BlanshanNew York Supreme Court · 1810
- Hill v. Sellick & HandNew York Supreme Court · 1855
3Cited by1 opinion
- Lakin v. Oregon Pacific RailroadOregon Supreme Court · 1887