Legal Opinion

Ray L. Eldred, Jr. v. Town of Barton, New York

Court of Appeals for the Second Circuit

Decided November 25, 1974No. 52, Docket 73-2782PublishedCited by 9 opinions

1Opinion of the Court

GURFEIN, Circuit Judge.

This is an appeal from a judgment entered upon a jury verdict after a trial before Judge Edmund Port in the United States District Court for the Northern District of New York. 1 Defendant Town of Barton challenges a wrongful death recovery of $91,500 by the administrator of the decedent’s estate and his parents. We affirm.

The action arises from an unwitnessed accident which occurred in the early morning hours of a foggy night on September 3, 1971. The plaintiff’s decedent and his companion who lived in the neighborhood were killed when the car in which they were riding…

2Cases cited12 opinions

  1. Noseworthy v. City of New YorkNew York Court of Appeals · 1948
  2. Samuel Simblest v. Joseph MaynardCourt of Appeals for the Second Circuit · 1970
  3. Dick v. New York Life InsuranceSupreme Court of the United States · 1959
  4. Boyce Motor Lines, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1952
  5. Cole v. SwaglerNew York Court of Appeals · 1955

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. United States of America Ex Rel. Theodore Geisler v. Gilbert A. Walters, Superintendent, Western Correctional Institution, Pittsburgh, PennsylvaniaCourt of Appeals for the Third Circuit · 1975
  2. Roe v. FergusonCourt of Appeals for the Sixth Circuit · 1975
  3. Doe v. CeciCourt of Appeals for the Seventh Circuit · 1975
  4. Cappellini v. McCabe Powers Body Co.Court of Appeals for the Second Circuit · 1983
  5. Kazanoff v. United StatesCourt of Appeals for the Second Circuit · 1991

4 more not listed; retrieve them via the Exa API.

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