Van Patten v. Buyce

This is an appeal (1) from a judgment of the Supreme Court in favor of defendants, entered November 23, 1970 in Schoharie County, upon a verdict rendered at a Trial Term, and (2) from an order of said court, entered January 11, 1971, which denied plaintiffs ’ motion to set aside the verdict.

At about 1:00 a.m. on October 25, 1968, plaintiffs’ small frame house, located 12 feet from the pavement of Route 20 in the Town of Sharon, Schoharie County, was struck by a truck operated by defendant Buyce, damaging the dwelling and certain of its contents. Plaintiff Alice Van Patten was asleep on…