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SWAIN v. GIANONE, SR.

282 A.D. 966 (1953)

Arthur P. Swain, as Administrator of The Estate of Robert T. Swain, Deceased, Respondent, v. Salvatore Gianone, Sr., et al., Appellants

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

November 30, 1953.

In our opinion, the verdict is supported by sufficient evidence. While the burden of proving defendants' negligence and the proximate cause of the accident was on the plaintiff, those essential elements may be established by circumstantial as well as by direct evidence. It is enough to show facts and conditions from which the negligence of the defendants and the causation of the accident by that negligence may be reasonably inferred (Ingersoll v. Liberty Bank of Buffalo...

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