Legal Opinion

Smith v. Burhyte

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1921PublishedCited by 2 opinions

Appeal by the defendants, Annita M. Burhyte and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Madison on the 25th day of May, 1920, on the verdict of a jury, and also from an order entered in said clerk’s office on the 1st day of June, 1920, denying defendants’ motion to set aside the verdict and for a new trial' made upon the minutes.

1Opinion of the Court

John M. Kellogg, P. J.:

The plaintiff has recovered a judgment for $1,100 for her services and personal care of the decedent from March 11, 1914, to October 6, 1919, the day of his death. At the time of his death he was about eighty years of age, unmarried, and had no relatives nearer than a niece. A sister, who had resided about ten miles from him, died March 10, 1914. It does not appear that she was ever a member of his household or rendered him any assistance. He had a little farm, leased to plaintiff’s husband, and a house and about two acres of land where he lived. He lived alone and…

2Cases cited10 opinions

  1. McKeon v. . Van SlyckNew York Court of Appeals · 1918
  2. Rosseau v. . RoussNew York Court of Appeals · 1904
  3. Birkbeck v. . AckroydNew York Court of Appeals · 1878
  4. Stevens v. . CunninghamNew York Court of Appeals · 1905
  5. Gorman v. New York, Chicago & St. Louis RailroadAppellate Division of the Supreme Court of the State of New York · 1908

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3Cited by2 opinions

  1. In re the Estate of DitsonNew York Surrogate's Court · 1941
  2. In re the Estate of EyerNew York Surrogate's Court · 1943

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