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
New York Court of Appeals·Decided January 14, 1982·Published·Cited by 9 cases

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.

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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).

432 N.E.2d 600 (Rivenburgh v. Viking Boat Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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