Becker v. Schwartz

New York Court of Appeals · Decided 1978-12-27

Cited by 460 later decision(s) in our corpus · see the citation network in Lexace

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OPINION OF THE COURT Jasen, J. 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 wit…

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