Baker v. Sutton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John IT. Sutton and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Albany on the 25th day of May, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of ■ Albany, and also from an order entered in said clerk’s office on the 29th day of May, 1896, denying the defendants’ motion for a new trial made upon…
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Appeal by the defendants, John IT. Sutton and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Albany on the 25th day of May, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of ■ Albany, and also from an order entered in said clerk’s office on the 29th day of May, 1896, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Parker, P. J.:
The action is brought to recover damages sustained by the death of the plaintiffs husband, which she claimed was caused by the negligence of the defendants. The facts are substantially as follows : The defendants were the owners of and operating a brick yard on the west bank of the Hudson river in the county of Albany. On the west side of the yard was a high clay bank 400 or 500 feet in length, from which for some years clay had been taken to make brick. In February, 1894, a slide had occurred at the south end of that bank, and a portion of it had slid down and out into the yard…
2Cases cited4 opinions
- Crown v. . OrrNew York Court of Appeals · 1893
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Ziegele v. Richelieu & Ontario Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Carr v. SheehanNew York Supreme Court · 1894
3Cited by1 opinion
- Warner v. Village of RandolphAppellate Division of the Supreme Court of the State of New York · 1897