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WILLIAMS v. STATE OF NEW YORK

308 N.Y. 548 (1955)

Bessie D. Williams, as Executrix of Albert Williams, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 30880.)

Court of Appeals of the State of New York.

Decided June 2, 1955

Attorney(s) appearing for the Case

Jacob K. Javits, Attorney-General (John R. Davison and Henry S. Manley of counsel), for appellant.

Louis Young and Alan J. Flattery for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, VAN VOORHIS and BURKE, JJ., concur.

FROESSEL, J.

A judgment of $16,826.30 has been awarded to the respondent, executrix of one Albert Williams, who died of a brain hemorrhage brought on by fright when one William Kennedy, a convict, escaped from the Auburn prison farm and induced Williams to drive him to Syracuse in Williams' truck. The Appellate Division has affirmed by a divided court.

Kennedy, prior to the time in question, had been convicted...

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