31 Barb. 260 | N.Y. Sup. Ct. | 1859
It was held in Quin v. Moore, (15 N. Y. Rep. 432,) that the only condition on which the right of the administrator to sue under the statute depends, is the common law right of the injured person to maintain an action if he were living. That it is not required that the person killed should be a husband, father or protector. (See also Oldfield v. Harlem Rail Road Co., 4 Kern. 316.) Under these decisions, this court sitting in the sixth district held, in the case of Dickens, adm’r, v. The New York Central Rail
Pratt, Bacon, W. F. Allen and Mullin, Justices.]