Battistoni v. State

Appeal by the State and a cross appeal by claimant from a judgment of the Court of Claims awarding claimant the sum of $19,325.65, and interest, for the alleged wrongful death of her husband. Claimant’s husband died as the result of injuries received when an automobile in which he was riding as a passenger, collided with part of a tree which lay partially across a State highway (Route 82-A) near Stanfordale in Dutchess County, New York. The accident happened about twelve o’clock at night. On the preceding day and into the evening an unusually violent storm, with winds of gale force at times,…