BERKSHIRE MUT. FIRE INS. CO. v. STATE


9 A.D.2d 555 (1959)

Berkshire Mutual Fire Insurance Company, Appellant, v. State of New York, Respondent. (Claim No. 33476.) Daniel W. Bronson, an Infant, by Harry M. Bronson, His Guardian ad Litem, Appellant, v. State of New York, Respondent. (Claim No. 33477.) Harry M. Bronson, Appellant, v. State of New York, Respondent. (Claim No. 33478.)

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

August 13, 1959


On August 5, 1955, Harry M. Bronson was the owner of an automobile and the claimant Berkshire Mutual Fire Insurance Company was subrogated to his rights as the result of payments under a comprehensive liability policy. Daniel Walter Bronson, the son of Harry, was riding as a passenger at the time of the accident. While claimants were proceeding along Route 56 in a southerly direction and in the vicinity of Hannawa Falls a limb fell from a tree on the westerly side of the...

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