Drobner v. . Peters
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 14, 1921, which affirmed an order of Special Term denying a motion by defendant for judgment on the pleadings. The following question was certified: Does the complaint herein state facts sufficient to constitute a cause of action.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 14, 1921, which affirmed an order of Special Term denying a motion by defendant for judgment on the pleadings. The following question was certified: Does the complaint herein state facts sufficient to constitute a cause of action. Since the right of an infant to bring an action after birth for prenatal tort injuries has never been recognized at common law, the defendant’s demurrer to the complaint should be sustained. (Dietrich v. Northampton, 138 Mass. 14;…
1Opinion of the CourtPound, J.
Defendant negligently permitted a coal hole in the sidewalk in front of his premises to remain uncovered. Plaintiff’s mother fell into it. Plaintiff, in his mother’s womb, sustained injuries. Born eleven days after the accident, he now brings this action. It is contended that at the time of the injury he was not a person but was a part of the body of his mother and that, as the injury was to his mother, he has no cause of action.
Mr. Justice Holmes said in 1884 in Dietrich v. Northampton (138 Mass. 14) that no case so far as he knew had ever decided that an infant could maintain an action for…
2Cases cited8 opinions
- Dietrich v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1884
- Allaire v. St. Luke's HospitalIllinois Supreme Court · 1900
- Buel v. United Railways Co.Supreme Court of Missouri · 1913
- Quinlan v. . WelchNew York Court of Appeals · 1894
- Clarke v. StateSupreme Court of Alabama · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- Woods v. LancetNew York Court of Appeals · 1951
- Verkennes v. CornieaSupreme Court of Minnesota · 1949
- Smith v. BrennanSupreme Court of New Jersey · 1960
- Endresz v. FriedbergNew York Court of Appeals · 1969
- Amann v. FaidyIllinois Supreme Court · 1953
73 more not listed; retrieve them via the Exa API.