Feinberg v. Feinberg

Appellate Division of the Supreme Court of New York

Feinberg v. Feinberg

275 A.D.2d 784

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

DecidedApril 18, 1949

StatusPublished

This text of 275 A.D.2d 784 (Feinberg v. Feinberg) 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

Feinberg v. Feinberg, 275 A.D.2d 784 (N.Y. Ct. App. 1949).

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Opinion

[785]*785In our opinion the proof was insufficient as a matter of law to establish that appellants were other than guests in respondent’s automobile, or that respondent was guilty of gross negligence or willful and wanton disregard of the safety of appellants, within the meaning of the Virginia statute limiting recovery by guests transported without payment. (Mitchie’s Unofficial Code of Virginia, § 2154 [232].) Present — Nolan, P. J., Johnston, Sneed, Wenzel and MacCrate, JJ. [See post, p. 846.]

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[785]*785In our opinion the proof was insufficient as a matter of law to establish that appellants were other than guests in respondent’s automobile, or that respondent was guilty of gross negligence or willful and wanton disregard of the safety of appellants, within the meaning of the Virginia statute limiting recovery by guests transported without payment. (Mitchie’s Unofficial Code of Virginia, § 2154 [232].) Present — Nolan, P. J., Johnston, Sneed, Wenzel and MacCrate, JJ. [See post, p. 846.]

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Bluebook (online)

275 A.D.2d 784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feinberg-v-feinberg-nyappdiv-1949.