Legal Opinion

Brown v. State

New York Court of Claims

Decided August 12, 1942No. Claim No. 25997; Claim No. 26036Published

1Opinion of the CourtDye, J.

These are damage claims arising out of the same accident and were tried together, although separate rules of law are involved in each case. For convenience, the administratrix’ claim is disposed of first.

The decedent died of injuries received while riding as a passenger in an automobile which was being driven at an excessive speed, when the wheel of the automobile went into a hole in the road, the tire blew out and the driver lost control. The deceased and the driver of the automobile were fellow employees and it was being operated in the course of and by reason of their employment. An award…

2Cases cited5 opinions

  1. Schubert v. August Schubert Wagon Co.New York Court of Appeals · 1928
  2. Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
  3. Claim of Zirpola v. T. & E. Casselman, Inc.New York Court of Appeals · 1924
  4. Travelers Insurance Company v. ShachnerNew York Court of Appeals · 1939
  5. Travelers Insurance v. ShachnerAppellate Division of the Supreme Court of the State of New York · 1938

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