Hutchins v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHerlihy, 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 of the death of the decedent. The accident happened when the Fisher automobile went to the wrong side of the highway and collided with the automobile…
2Cases cited1 opinion
- Miller v. StateNew York Court of Claims · 1957
3Cited by1 opinion
- Sebastiano v. StateAppellate Division of the Supreme Court of the State of New York · 1985