BURMASTER v. STATE


7 A.D.2d 775 (1958)

Izora S. Burmaster, Appellant, v. State of New York, Respondent

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

December 2, 1958


The claimant's injuries were sustained when she was involved in an accident while riding with her husband in a car owned by the State. Her husband was assigned the State car in his position as District Game Protector. It is quite clear, as the court found below, that the accident was caused by the negligence of the claimant's husband and that the claimant was free from contributory negligence. The court below appears to have dismissed the claim because the presumption that...

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