Legal Opinion · Dissent
Hager v. Mooney Aircraft, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 20, 1978Published
1Dissent
Lupiano, J. (dissenting).
"[I]n a wrongful death action, the burden of proof on the issue of a decedent’s contributory negligence is placed on the defendant, and the plaintiff is not held to as high a degree of proof in a wrongful death action as he would be in an action where the injured party is available as a witness in his own behalf’ (67 NY Jur, Wrongful Death, § 235). "Provided it is not shown that decedent was guilty of contributory negligence, the plaintiff in a wrongful death action may prevail where the inference of a defendant’s negligence is more probable or more reasonable than…
2Cases cited12 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Boyd v. BoydNew York Court of Appeals · 1930
- Rosenberg v. SchwartzNew York Court of Appeals · 1932
- Sagorsky v. MalyonNew York Court of Appeals · 1954
- Swensson v. New York, Albany Despatch Co.New York Court of Appeals · 1956
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