Legal Opinion · Dissent

Patterson v. . City of Binghamton

New York Court of Appeals

Decided November 30, 1897Published

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 30, 1896, which affirmed a judgment dismissing the complaint entered upon a decision of the court on trial at Circuit, a jury having been waived. This action was commenced in the name of Edward J. Patterson and Jennie Patterson, plaintiffs. Thereafter Jennie Patterson died, intestate, bearing the name of Jennie Patterson Townsend by marriage.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 30, 1896, which affirmed a judgment dismissing the complaint entered upon a decision of the court on trial at Circuit, a jury having been waived. This action was commenced in the name of Edward J. Patterson and Jennie Patterson, plaintiffs. Thereafter Jennie Patterson died, intestate, bearing the name of Jennie Patterson Townsend by marriage. Edward J. Patterson was appointed her administrator, and his personal interest was transferred to the administrator, and Edward J.…

1DissentO’Brien, J.

This action was commenced on the 17th day of August, 1892, to recover the amount of an award of damages for the taking of the plaintiff’s land for street purposes. On a trial before the court the plaintiff recovered. The judgment was reversed by the General Term and a new trial granted. (88 Hun, 272.) On the second trial the court, following the view of the General Term, dismissed the complaint, and the judgment having been affirmed by the Appellate Division (1 App. Div. 615), the plaintiff has appealed to this court.

The ease has always been and is now embarrassed by many collateral and…

2Cases cited21 opinions

  1. Kohl v. United StatesSupreme Court of the United States · 1876
  2. Sage v. . City of BrooklynNew York Court of Appeals · 1882
  3. Utter v. . RichmondNew York Court of Appeals · 1889
  4. King v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
  5. Donnelly v. . City of BrooklynNew York Court of Appeals · 1890

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