(DOWNLOAD) "Betty Wingerter v. State New York" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Betty Wingerter v. State New York
- Author : Court of Appeals of New York
- Release Date : January 08, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
In this wrongful death action, brought on the theory that the State was negligent in designing, constructing and maintaining a highway, it cannot be said as a matter of law that the findings on negligence and causation made by the Court of Claims and affirmed by the Appellate Division are not supported by the record as a whole (see Padula v State of New York, 48 N.Y.2d 366, 371). All the more is this so since "in a death case a plaintiff is not held to as high a degree of proof of the cause of action as where an injured plaintiff can himself describe the occurrence" (Noseworthy v City of New York, 298 NY 76, 80).
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