Legal Opinion

Baker v. Sutton

Appellate Division of the Supreme Court of the State of New York

Decided December 2, 1896Published

Appeal from trial term, Albany county. Action by Catherine S. Baker, administratrix of Warren W. ‘Baker, deceased, against John H. Sutton and another. From a judgment for plaintiff, and an order denying motion for a new trial made on the judge’s minutes, defendants appeal.

1Opinion of the CourtParker, P. J.

The action is brought to recover damages sustained by the death of the plaintiff’s husband, which she claims was caused by the negligence of the defendants. The facts are substantially as follows: Defendants were the owners of and oper-ating a brickyard on the west bank of the Hudson river, in the *117county of Albany. On the west side of the yard was a high clay bank, 400 or 500 feet in length, from which, for some years, clay had been taken to make brick. In February, 1894, a slide had occurred a.t the south end of that bank, and a portion of it had slid down and out into the yard a distance of…

2Cases cited10 opinions

  1. Crown v. . OrrNew York Court of Appeals · 1893
  2. Weston v. . City of TroyNew York Court of Appeals · 1893
  3. Kaare v. Troy Steel & Iron Co.New York Court of Appeals · 1893
  4. Shaw v. . SheldonNew York Court of Appeals · 1886
  5. Hope v. Fall Brooke Coal Co.Appellate Division of the Supreme Court of the State of New York · 1896

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