The Superior Court of the City of New York and Buffalo May 5, 1890 (Schoen v. Dry-Dock, East Broadway & Battery Railroad)

Freedman, J.

This action was brought to recover damages for the benefit of the next of kin of the decedent, by reason of the death of the decedent, alleged to have been caused by the negligence of defendant’s driver. The decedent, at the time of his death, was four and one-half years of age. Such an action did not lie at common law.