(Download) "Dolores E. Becker Et Al. v. Eugene D. Schwartz Et Al." by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Dolores E. Becker Et Al. v. Eugene D. Schwartz Et Al.
- Author : Court of Appeals of New York
- Release Date : January 27, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
From its earliest days, the common law steadfastly clung to the notion that "in civil court the death of a human being could not be complained of as an injury." (Baker v Bolton, 1 Camp 493, 170 Eng Rep 1033 [KB, 1808].) Judicial hesitance to chart a novel course beyond the safe harbors afforded by prevailing legal theory, particularly the principle that a tort died with its victim (Huggins v Butcher, 1 Brown & Gold 205, 123 Eng Rep 756 [CP, 1607]), spurred legislative recognition of the cause of action since known as "wrongful death". (See, generally, Prosser, Torts [4th ed], § 127.) Ironically, in the relatively brief period since the enactment of the first wrongful death statute (Fatal Accidents Act, 1846, 9 & 10 Vict, ch 93), evolving legal theory has come full cycle. Although no longer shackled by the conceptual difficulties formerly posed by a "wrongful death" action, courts have again been drawn toward the murky waters at the periphery of existing legal theory to test the validity of a cause of action for what has been generically termed "wrongful life".
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