Lobdell v. Village of Northville
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Village of North ville, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Fulton on the 13th day of January, 1911, upon the verdict of a jury for $300, and also from two orders entered in said clerk’s office on the same day, one denying the defendant’s ■ motion for a new trial made upon the minutes, and the other granting the plaintiff an extra allowance of costs.
1Opinion of the Court
Betts, J.:
I think this judgment must be reversed for error in the charge in placing the burden of proof as to the title of the land in question upon the defendant. It is unnecessary to cite authorities to the general proposition that the burden of proof does not shift, and remains through the trial just where the pleadings originally placed it. The respondent seeks to overcome this rule of law by citing two cases which seem to be mainly relied upon. One is the case of Iselin v. Village of Cold Spring (120 App. Div. 516). In that case Mr. Justice Miller, in writing for the court stated that…
2Cases cited1 opinion
- Munro v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by3 opinions
- Mitler v. FriedebergNew York Supreme Court · 1961
- In re Gedney's WildNew York Surrogate's Court · 1913
- Seufert v. Commercial Travelers Mutual Accident Ass'n of AmericaAppellate Division of the Supreme Court of the State of New York · 1933