HUTCHINS v. STATE


27 A.D.2d 623 (1966)

Clara Hutchins, as Administratrix of The Estate of Richard M. Hutchins, Deceased, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 42169.)

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

December 30, 1966


HERLIHY, J.

Both the claimant and the State appeal from a judgment of the Court of Claims awarding damages to the administratrix of the decedent. The trial court found that Fisher, the driver of one automobile, was incapable of operating his automobile in a wholly prudent manner and that, due to the quantity of beer he consumed prior to the accident, his judgment was impaired. It further found Fisher guilty of negligence, which was the proximate cause...

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