Dawson v. Van Wely

Appellate Division of the Supreme Court of New York

Dawson v. Van Wely

256 A.D. 1028, 10 N.Y.S.2d 709, 1939 N.Y. App. Div. LEXIS 5943

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

DecidedMarch 22, 1939

StatusPublished

This text of 256 A.D. 1028 (Dawson v. Van Wely) 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

Dawson v. Van Wely, 256 A.D. 1028, 10 N.Y.S.2d 709, 1939 N.Y. App. Div. LEXIS 5943 (N.Y. Ct. App. 1939).

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Opinion

Appeals from judgments of the Supreme Court, entered in the Albany county clerk’s office on the 12th day of November, 1937, in favor of the defendant against the respective plaintiffs for $107.25 costs and $77.25 costs, respectively, upon a juiy’s verdict of no cause of action. The actions are for personal injuries sustained by the plaintiffs while riding as passengers in an automobile owned by the defendant and operated by one Michael Conley. One of the contested facts was whether the chauffeur was the employee of the family of the plaintiff, or of the defendant. Katherine Dawson, a sister of the plaintiffs, had given testimony in another action to which plaintiffs were not parties, that the chauffeur Conley was employed by their family. On cross-examination of one of the plaintiffs the defendant was permitted to show, over objection, that the sister Katherine had so testified. Plaintiffs themselves testified to facts substantially of the same import. In view of the testimony that Conley was the family chauffeur, if employed at all in the family of the plaintiffs, and because of the similar testimony given by plaintiff, the admission of the questioned testimony was not prejudicial. Judgments affirmed, with costs to the respondent in one action. Rhodes, McNamee and Crapser, JJ., concur; Hill, P. J., and Bliss, J., dissent.

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Appeals from judgments of the Supreme Court, entered in the Albany county clerk’s office on the 12th day of November, 1937, in favor of the defendant against the respective plaintiffs for $107.25 costs and $77.25 costs, respectively, upon a juiy’s verdict of no cause of action. The actions are for personal injuries sustained by the plaintiffs while riding as passengers in an automobile owned by the defendant and operated by one Michael Conley. One of the contested facts was whether the chauffeur was the employee of the family of the plaintiff, or of the defendant. Katherine Dawson, a sister of the plaintiffs, had given testimony in another action to which plaintiffs were not parties, that the chauffeur Conley was employed by their family. On cross-examination of one of the plaintiffs the defendant was permitted to show, over objection, that the sister Katherine had so testified. Plaintiffs themselves testified to facts substantially of the same import. In view of the testimony that Conley was the family chauffeur, if employed at all in the family of the plaintiffs, and because of the similar testimony given by plaintiff, the admission of the questioned testimony was not prejudicial. Judgments affirmed, with costs to the respondent in one action. Rhodes, McNamee and Crapser, JJ., concur; Hill, P. J., and Bliss, J., dissent.

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Bluebook (online)

256 A.D. 1028, 10 N.Y.S.2d 709, 1939 N.Y. App. Div. LEXIS 5943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dawson-v-van-wely-nyappdiv-1939.