Legal Opinion

In re the Estate of Bylow

New York Surrogate's Court

Decided December 17, 1934Published

1Opinion of the Court

Hetherington, S.

The decedent, a minor, while delivering meats on a bicycle, was struck by a United States army motor truck, operated by an army private on official business, and died from the resulting injuries on February 18, 1932. Investigation by the military authorities disclosed that the accident was entirely the fault of the operator. Immunity of the sovereign for the torts of its agents barred a recovery in the courts by his parents as next of kin. Compensation could only be secured through legislative action. A bill was thereupon introduced in the Congress, appropriating $5,000 for…

2Cases cited1 opinion

  1. In re the Estate of ShinbergAppellate Division of the Supreme Court of the State of New York · 1933

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