Kelliher v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 13, 1912, which reversed an interlocutory judgment - of Special Term sustaining demurrers to separate defenses set up in the answer and overruled such demurrers.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 13, 1912, which reversed an interlocutory judgment - of Special Term sustaining demurrers to separate defenses set up in the answer and overruled such demurrers. The plaintiff in her complaint alleges that her intestate, Daniel Kelliher, was injured through the negligence of the defendant, his employer, on November 22d, 1906, and that as a result of such injuries he died February 24th, 1912. She was thereafter appointed his administratrix, and on May 20th,…
1Opinion of the CourtWerner, J.
The allegations of the complaint disclose that plaintiff’s intestate was injured in November, 1906, and died as a result thereof in February, 1912. There was, therefore, an interval of almost six years between the two events. The plaintiff’s intestate brought no action during his lifetime to recover for his injuries. Within a few months after his decease, his widow and administratrix brought this action under section 1902 of the Code of Civil Procedure, to recover the damages sustained by her and his next of kin.
The first question to be determined is whether the action is barred by the…
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- Hoover's Adm'x. v. Chesapeake & O. Ry. Co.West Virginia Supreme Court · 1899
- Dibble v. New York & Erie Rail RoadNew York Supreme Court · 1857
- Barnes v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1897
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- Dixon v. SeymourAppellate Division of the Supreme Court of the State of New York · 1978
- Pieczonka v. Pullman Co.Court of Appeals for the Second Circuit · 1937
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