BYERS v. ESTATE OF SIDNEY TUDGE


117 A.D.2d 912 (1986)

Mary A. Byers, Respondent, v. Estate of Sidney Tudge, Appellant. (Action No. 1.) Mary A. Byers, Respondent, v. Sidney Tudge, Appellant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 20, 1986


Yesawich, Jr., J.

A horse owned by plaintiff and lodged with defendant Sidney Tudge (hereinafter defendant) allegedly fell into a well on defendant's property and drowned. Monarch Insurance Company of Ohio paid plaintiff $5,000 for her loss and then, as plaintiff's subrogor, commenced suit (action No. 2) against defendant in that amount. Thereafter, plaintiff, believing her damages from the horse's death amounted to $150,000, also instituted suit (action...

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