New York Court of Appeals

Tilley v. . the Hudson River Railroad Company.

June 5, 186224 N.Y. 471

Summary

The Court reversed the lower court and ordered a new trial, holding that damages may be awarded for the pecuniary loss to the children from the loss of their mother's nurture and education, but not for the value of her earnings that would have passed to them through the husband, and that evidence of the deceased's habitual occupation is admissible to show her capacity and family relation.