Burchard v. Payne
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Barton Payne, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Schenectady on the 14th day of October, 1920, upon the verdict of a jury for $20,000, and also from an order entered in said clerk’s office on or about the same day denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
Horatio P. Ball, whose executors bring this action, was killed on July 17, 1918, when an automobile in which he was riding with other gentlemen ran off a bridge erected by the Albany and Susquehanna railroad to carry the highway over its tracks in the town of Duanesburgh back in 1861 or 1862, and since, altered and maintained by its successor, this railroad being in the control of the Federal government at the time of the acci-’ dent and its agent now appearing as the defendant, appellant. The action was originally brought against the town of Duanesburgh and the Director-General…
2Cases cited4 opinions
- Bryant v. . Town of RandolphNew York Court of Appeals · 1892
- Bush v. . D., L. W.R.R. Co.New York Court of Appeals · 1901
- Scannal v. City of CambridgeMassachusetts Supreme Judicial Court · 1895
- City of Yonkers v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
3Cited by5 opinions
- James v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1931
- New York Central Railroad v. County of ErieNew York Supreme Court · 1949
- Cahill v. Mayflower Bus Lines, Inc.District Court, S.D. New York · 1934
- City of Mount Vernon v. FeinbergNew York Supreme Court · 1951
- James v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1932