Moriarty v. Bartlett
| Decision Date | 09 June 1885 |
| Citation | 1 N.E. 794,99 N.Y. 651 |
| Parties | MORIARTY v. BARTLETT and others, Ex'rs, etc. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Leslie W. Russell, for appellants, Virgil C. Bartlett and others, Ex'rs, etc.
Wm. P. Cantwell, for respondent, Polly Moriarty.
It was conceded on the argument of this appeal that the principle determining the survivability of the cause of action was similar to that applicable to a cause of action given to the representatives of a person whose death was occasioned by the negligent or wrongful act of an individual or corporation provided for by section 1902, Code Civil Proc. We are also of that opinion, and having in the case of Hegerich v. Keddie, ante, 787, decided at this term, held that such a cause of action does not survive, we think this case is controlled by that decision.
The orders of the general and special terms should therefore be reversed, and the application denied, with costs in both courts.
(All concur; FINCH, J., on authority of Hegerich v. Keddie.)
* State Report Title: Moriorty v. Bartlett
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American Surety Company of New York v. State, ex rel. Holtam
... ... (1905), 36 Ind.App. 73, 74 N.E. 1111, but attention is called ... to the fact that a case cited in that opinion to this point ( ... Moriarty v. Bartlett [1884], 34 Hun 272) ... was reversed on appeal. Moriarty v ... Bartlett (1885), 99 N.Y. 651, 1 N.E. 794. The ... supreme court of New ... ...
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American Sur. Co. of New York v. State ex rel. Holtam
...the fact that the case cited in that opinion to this point (Moriarity v. Bartlett, 34 Hun, 272) was reversed on appeal. Moriorty v. Bartlett, 99 N. Y. 651, 1 N. E. 794;Hegerich v. Keddie, 99 N. Y. 258, 1 N. E. 787, 52 Am. Rep. 25. The Supreme Court of New York held in that case that a right......
- Hegerich v. Keddie