Legal Opinion

Burnham v. . Butler

New York Court of Appeals

Decided March 5, 1865PublishedCited by 24 opinions

Appeal from the judgment of the General Term of the fourth district, which affirmed the judgment of the county court of St. Lawrence county, which reversed the judgment of a justice’s court. In February, 1858, the appellant Burnham was traveling, with a horse and cutter, returning home from town meeting in the town of Potsdam.

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Appeal from the judgment of the General Term of the fourth district, which affirmed the judgment of the county court of St. Lawrence county, which reversed the judgment of a justice’s court. In February, 1858, the appellant Burnham was traveling, with a horse and cutter, returning home from town meeting in the town of Potsdam. Behind him, traveling in the same direction, was one Franklin Smith, also traveling with horse and cutter; next behind Smith was Hiram Senter, in a double sleigh and pair of horses; next behind Senter were the two defendants, Judson Butler and Jason Butler, with double…

1Opinion of the CourtPotter, J.

Two points only have been discussed in this

case, as arising upon the judgment given by the justice of the peace. The first is, whether there was evidence before the justice showing or tending to show, that the defendants had been guilty of negligence or want of care in the act which caused or contributed to the plaintiff’s injury. It was one of the grounds upon which the county court reversed this judgment, that there was no sufficient evidence of such negligence. This makes it necessary to determine what rule is to be observed by the county court in a review of justices’ judgments. I am not…

2Cases cited2 opinions

  1. Vandenburgh v. TruaxNew York Supreme Court · 1847
  2. Whitney v. SuttonNew York Supreme Court · 1833

3Cited by24 opinions

  1. Reader v. OttisSupreme Court of Minnesota · 1920
  2. De Carvalho v. . BrunnerNew York Court of Appeals · 1918
  3. Roberts v. . FisherNew York Court of Appeals · 1870
  4. Ludlum v. CouchAppellate Division of the Supreme Court of the State of New York · 1896
  5. Machacado v. City of New YorkNew York Supreme Court · 1975

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