Home/New York Court of Appeals/Rivenburgh v. Viking Boat Co.

Rivenburgh v. Viking Boat Co.

432 N.E.2d 600, 55 N.Y.2d 850, 447 N.Y.S.2d 707, 1982 N.Y. LEXIS 3061
CourtNew York Court of Appeals
DecidedJanuary 14, 1982
StatusPublished
Cited by9 cases

This text of 432 N.E.2d 600 (Rivenburgh v. Viking Boat Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rivenburgh v. Viking Boat Co., 432 N.E.2d 600, 55 N.Y.2d 850, 447 N.Y.S.2d 707, 1982 N.Y. LEXIS 3061 (N.Y. 1982).

Opinion

OPINION OF THE COURT

On summary consideration, order reversed and a new trial granted with costs to abide the event. A plaintiff in a wrongful death action is not held to as high a degree of [852]*852proof as a plaintiff in a personal injury action and is entitled to benefit from every favorable inference which can reasonably be drawn from the evidence in determining whether a prima facie case has been made out (see Noseworthy v City of New York, 298 NY 76). In this case, the testimony of the marine mechanic, Albert Sabiston, raised an issue as to the existence of a leak in the fuel tanks of decedent’s boat on the day of the explosion sufficient to warrant sending the case to the jury.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gajjar v. Shah
31 A.D.3d 377 (Appellate Division of the Supreme Court of New York, 2006)
German v. Morales
24 A.D.3d 246 (Appellate Division of the Supreme Court of New York, 2005)
Schafrick v. Shinnecock Bait & Tackle Co.
204 A.D.2d 706 (Appellate Division of the Supreme Court of New York, 1994)
Nieves v. New York City Housing Authority
200 A.D.2d 427 (Appellate Division of the Supreme Court of New York, 1994)
Natale v. Niagara Mohawk Power Corp.
135 A.D.2d 955 (Appellate Division of the Supreme Court of New York, 1987)
Francois v. Commercial Hotel, Inc.
131 A.D.2d 540 (Appellate Division of the Supreme Court of New York, 1987)
Iannelli v. Powers
114 A.D.2d 157 (Appellate Division of the Supreme Court of New York, 1986)
Locker v. Ford Motor Co.
91 A.D.2d 510 (Appellate Division of the Supreme Court of New York, 1982)
Friedman v. Sandy Sirulnick Realty Corp.
90 A.D.2d 479 (Appellate Division of the Supreme Court of New York, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
432 N.E.2d 600, 55 N.Y.2d 850, 447 N.Y.S.2d 707, 1982 N.Y. LEXIS 3061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivenburgh-v-viking-boat-co-ny-1982.