Quinlen v. Welch
New York Supreme Court
Appeal from circuit court, Cattaraugus county. Action by Nellie Quinlen, by Nellie Quinlen, guardian ad litem, against James H. Welch. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial made on the minutes, defendant appeals.
1Opinion of the CourtHaight, J.
This action was brought to recover damages under chapter 646 of the Laws of 1873, known as the “Civil Damage Act.” The evidence tends to show that the defendant was'the owner of the premises, and rented them to one O’Leary; that intoxicating drinks were sold to Dennis Quinlen; that he became intoxicated, wandered upon the railroad track, and was run down and kill°ed by a passing train. The plaintiff is a daughter of the deceased, but was born one day after his death, and the question is as to her right to maintain this action. The act gives a right of action to every husband, wife, child,…
2Cases cited6 opinions
- Jenkins v. FreyerNew York Court of Chancery · 1833
- Smith v. StateSupreme Judicial Court of Maine · 1851
- Marsellis v. ThalhimerNew York Court of Chancery · 1830
- Hone v. Van SchaickNew York Court of Chancery · 1848
- Reinhardt v. FritzscheNew York Supreme Court · 1893
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3Cited by14 opinions
- Woods v. LancetNew York Court of Appeals · 1951
- Smith v. BrennanSupreme Court of New Jersey · 1960
- Drobner v. . PetersNew York Court of Appeals · 1921
- Nugent v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1913
- Radley v. . Leray Paper Co.New York Court of Appeals · 1915
9 more not listed; retrieve them via the Exa API.