Ray L. Eldred, Jr. v. Town of Barton, New York
Court of Appeals for the Second Circuit
1Opinion of the Court
GURFEIN, Circuit Judge.
This is an appeal from a judgment entered upon a jury verdict after a trial before Judge Edmund Port in the United States District Court for the Northern District of New York. 1 Defendant Town of Barton challenges a wrongful death recovery of $91,500 by the administrator of the decedent’s estate and his parents. We affirm.
The action arises from an unwitnessed accident which occurred in the early morning hours of a foggy night on September 3, 1971. The plaintiff’s decedent and his companion who lived in the neighborhood were killed when the car in which they were riding…
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- Cole v. SwaglerNew York Court of Appeals · 1955
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