Anna McCauley, as Executrix of Roderick McCauley, Respondent,
v.
State of New York, Appellant. (Claim No. 32614.)
Gordon Deshaw, as Administrator of The Estate of Wanda Deshaw, Deceased, Respondent,
v.
State of New York, Appellant. (Claim No. 32615.)
Henry S. Salamy et al., as Administrators of The Estate of Joseph H. Salamy, Deceased, Respondents,
v.
State of New York, Appellant. (Claim No. 32628.)
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued May 27, 1960.
Decided July 8, 1960.
Attorney(s) appearing for the Case
Louis J. Lefkowitz, Attorney-General (Paxton Blair of counsel), for appellant.
F. Walter Bliss, Adam R. Palmer, Hayward H. Plumadore and Perrin & Daniels for respondents.
Concur: Judges DYE, FULD, FROESSEL and VAN VOORHIS. Chief Judge DESMOND dissents in the following opinion in which Judges BURKE and FOSTER concur.
Court of Appeals of the State of New York.
In each action: Judgment reversed, with costs in this court and in the Appellate Division, and the judgment of the Court of Claims reinstated. On this record, we are satisfied that a preponderance of the credible evidence favors the determination made in the Court of Claims. So viewed, it cannot reasonably be said in light of all the surrounding circumstances, including the weather and road conditions and the driver's conduct, that...
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