Rivenburgh v. Viking Boat Co., 55 N.Y.2d 850

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 proof 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.

Case Details

Case Name: Rivenburgh v. Viking Boat Co.

Court Name: New York Court of Appeals

Date Published: Jan 14, 1982

Citations: 55 N.Y.2d 850; 432 N.E.2d 600; 447 N.Y.S.2d 707; 1982 N.Y. LEXIS 3061

Court Abbreviation: N.Y.