(Download) "Berkshire Mutual Fire Insurance Company v. State New York" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Berkshire Mutual Fire Insurance Company v. State New York
- Author : Supreme Court of New York
- Release Date : January 13, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
[9 A.D.2d 555 Page 555] Appeal by the appellants from judgments of the Court of Claims dismissing the claims. On August 5, 1955, Harry M. Bronson
was the owner of an automobile and the claimant Berkshire Mutual Fire Insurance Company was subrogated to his rights as the
result of payments under a comprehensive liability policy. Daniel Walter Bronson, the son of Harry, was riding as a passenger
at the time of the accident. While claimants were proceeding along Route 56 in a southerly direction and in the vicinity of
Hannawa Falls a limb fell from a tree on the westerly side of the highway landing on the automobile and causing the personal
injuries and property damage for which recoveries are sought herein. There is no charge of contributory negligence as to any
of the claimants. The trial court found that there was no evidence that the State had actual or constructive notice of the
condition of the limb prior to its fall. There was testimony that at the time of the accident it was raining and windy. Witnesses
produced by the claimant, including a tree expert, testified that an observation of the tree would not indicate [9 A.D.2d
555 Page 556]
 "Berkshire Mutual Fire Insurance Company v. State New York" by Supreme Court of New York ~ Book PDF Kindle ePub Free){kind=link}