Darlow v. Drake Bakeries, Inc.

Appellate Division of the Supreme Court of New York

Darlow v. Drake Bakeries, Inc.

2 A.D.2d 749, 153 N.Y.S.2d 243, 1956 N.Y. App. Div. LEXIS 4792

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 2, 1956

StatusPublished

This text of 2 A.D.2d 749 (Darlow v. Drake Bakeries, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Darlow v. Drake Bakeries, Inc., 2 A.D.2d 749, 153 N.Y.S.2d 243, 1956 N.Y. App. Div. LEXIS 4792 (N.Y. Ct. App. 1956).

Pincite

Opinion

In an action to recover damages for personal injuries, the appeal is from a judgment entered on the verdict of a jury in favor of respondent. The sole question presented on this appeal is whether the motor vehicle owned by appellant was being operated at the time of the accident with its consent, express or implied (Vehicle and Traffic Law, § 59). Judgment reversed on the law, with costs, and complaint as against appellant dismissed. It is not seriously contended that the driver was ever given express permission to use the motor vehicle, and the overwhelming evidence is to the effect that he had never used it or moved it outside the garage and that it had never before been used by any employee except in a maimer connected in some way with appellant’s business. At the time this accident occurred, it was coneededly being used in connection with the purely personal affairs of the operator. On the whole case, it must be held that it was being operated without appellant’s consent. Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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In an action to recover damages for personal injuries, the appeal is from a judgment entered on the verdict of a jury in favor of respondent. The sole question presented on this appeal is whether the motor vehicle owned by appellant was being operated at the time of the accident with its consent, express or implied (Vehicle and Traffic Law, § 59). Judgment reversed on the law, with costs, and complaint as against appellant dismissed. It is not seriously contended that the driver was ever given express permission to use the motor vehicle, and the overwhelming evidence is to the effect that he had never used it or moved it outside the garage and that it had never before been used by any employee except in a maimer connected in some way with appellant’s business. At the time this accident occurred, it was coneededly being used in connection with the purely personal affairs of the operator. On the whole case, it must be held that it was being operated without appellant’s consent. Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

2 A.D.2d 749, 153 N.Y.S.2d 243, 1956 N.Y. App. Div. LEXIS 4792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darlow-v-drake-bakeries-inc-nyappdiv-1956.