Jacob Sackheim, as Administrator of the Estate of Jean Sackheim, Deceased, Appellant v. William G. Pigueron, Respondent

Summary

The New York Court of Appeals reversed the trial court’s dismissal of the wrongful‑death action and held that the question of the deceased’s contributory negligence is a factual issue for the jury. Under § 841‑b of the Code of Civil Procedure the defendant, not the plaintiff, bears the burden of proving any contributory negligence of the deceased. Accordingly the case was remanded for a new trial.