Legal Opinion

Burchard v. . Payne

New York Court of Appeals

Decided May 31, 1922PublishedCited by 5 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 12, 1921, reversing a judgment in favor of plaintiffs entered upon a verdict and granting a new trial in an action to recover for the death of plaintiffs’ testator alleged to have been occasioned through the negligence of defendant.

Read the full summary

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 12, 1921, reversing a judgment in favor of plaintiffs entered upon a verdict and granting a new trial in an action to recover for the death of plaintiffs’ testator alleged to have been occasioned through the negligence of defendant. Testator was killed when an automobile in which he was riding with others ran off a bridge erected by the Albany and Susquehanna railroad to carry the highway over its tracks in the town of Duanesburgh, and since altered and maintained by its…

1Opinion of the Court

Order affirmed and -judgment absolute ordered against appellants on the stipulation, with costs in all courts; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Found and McLaughlin, JJ. Dissenting: Crane and Andrews, JJ.

2Cited by5 opinions

  1. James v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1931
  2. New York Central Railroad v. County of ErieNew York Supreme Court · 1949
  3. Cahill v. Mayflower Bus Lines, Inc.District Court, S.D. New York · 1934
  4. James v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1932
  5. Vince v. Boston & Maine Corp.Appellate Division of the Supreme Court of the State of New York · 1989

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API