KARRAT BROS. CO. v. STATE OF NEW YORK, 3 N.Y.2d 993 (1957)

169 N.Y.S.2d 909, 147 N.E.2d 477

KARRAT BROS. CO., INC., Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 30674.) FRIEDA KARRAT, Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 30675.) GEORGE KARRAT, an Infant, by FRIEDA KARRAT, His Guardian ad Litem, Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 30676.) JOHN KARRAT, Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 30677.) JAMES RAYA, Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 30678.)

Court of Appeals of the State of New York.Argued October 7, 1957
Decided December 5, 1957

Appeal from the Appellate Division of the Supreme Court in the fourth judicial department FRED A. YOUNG, J.

Page 994

[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Page 995

Louis J. Lefkowitz, Attorney-General (John R. Davison an Peter E. Herzog of counsel), for appellant.

Salvador J. Capecelatro and Salvador J. Capecelatro, Jr.,
for respondents.

As to the judgments of the Court of Claims in favor of Frieda Karrat, George Karrat, an infant, by Frieda Karrat, his guardian ad litem, and James Raya: Judgments affirmed, with costs.

As to the judgment of the Court of Claims in favor of John Karrat and the judgment of the Appellate Division in favor of Karrat Bros. Co., Inc.: Judgments reversed and original judgments of the Court of Claims dismissing their claims reinstated, with costs in this court and in the Appellate Division, upon the ground that the preponderance of the credible evidence supports a finding that John Karrat was guilty of contributory negligence in driving the vehicle of the corporation in its service. No opinion.

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Concur: Judges DYE, FROESSEL, VAN VOORHIS and BURKE. Chief Judge CONWAY and Judges DESMOND and FULD dissent as to the reversal of the judgments in favor of John Karrat and Karrat Bros. Co., Inc., and vote to affirm said judgments.