Ann Littlewood, as Administratrix v. the Mayor, Aldermen and Commonalty of the City of New York…

Summary

The New York Court of Appeals affirmed the dismissal of the plaintiff's wrongful‑death action, holding that the 1847 statute does not create a second cause of action when the deceased had already recovered damages for his injury. The Court reasoned that the statute was intended only to substitute a remedy for heirs when the injured party died without having recovered, not to impose double liability.