Burns v. Pethcal
New York Supreme Court
Appeal from circuit court, Broome county. Action by Mary Burns, as administratrix of William Burns, deceased, against Jacob Pethcal, to recover damages for negligently causing the death of said William Burns. From a judgment entered on a verdict in favor of plaintiff, and from the order denying the motion for new trial made on the minutes of the court, defendant appeals. Reversed.
1Opinion of the CourtMartin, J.
This action was to recover damages for negligently causing the death of William Burns, the plaintiff’s husband and intestate. In June, 1892, Edward A. Matthews was engaged in building a sewer in the city of Binghamton, under a contract between himself and the city. The sewer commenced at Leroy street, running from thence northerly to within a short distance of Main street, and was something over 1,000 feet in length. Leroy street and Seminary avenue run parallel with Main. Murray street, through which the sewer was being constructed, runs at right angles with Main. The sewer was 27 feet deep…
2Cases cited11 opinions
- Murray v. . UsherNew York Court of Appeals · 1889
- Montgomery County Bank v. . Albany City BankNew York Court of Appeals · 1852
- Colvin v. . HolbrookNew York Court of Appeals · 1848
- Blackstock v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Labadie v. Hawley.Texas Supreme Court · 1884
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3Cited by7 opinions
- Pirtle's Administratrix v. Hargis Bank & Trust Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Southern Railway Co. v. RoweCourt of Appeals of Georgia · 1907
- Van Antwerp v. LintonNew York Supreme Court · 1895
- Brown v. WestSupreme Court of New Hampshire · 1910
- Jones v. Freeman's Dairy, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
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