Grant v. Knepeer

Appellate Division of the Supreme Court of New York

Grant v. Knepeer

218 A.D. 784

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1926·Published·Cited by 1 cases

Opinion

Judgment of the City Court of Yonkers affirmed, with costs. No opinion. Kelly, P. J., Jayeox and Young, JJ., concur; Manning and Kapper, JJ., dissent, and vote to reverse and to dismiss the complaint, upon the ground that the negligence which caused the injury was that of one who was not intrusted by defendant with the control and operation of the car, and that defendant’s driver was not acting within the scope of his employment in relinquishing the operation of the car to Goldfarb without defendant’s knowledge or consent. (See Boettcher v. Best & Co., 203 App. Div. 574; affd., 237 N. Y. 506.)

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Judgment of the City Court of Yonkers affirmed, with costs. No opinion. Kelly, P. J., Jayeox and Young, JJ., concur; Manning and Kapper, JJ., dissent, and vote to reverse and to dismiss the complaint, upon the ground that the negligence which caused the injury was that of one who was not intrusted by defendant with the control and operation of the car, and that defendant’s driver was not acting within the scope of his employment in relinquishing the operation of the car to Goldfarb without defendant’s knowledge or consent. (See Boettcher v. Best & Co., 203 App. Div. 574; affd., 237 N. Y. 506.)

Grant v. Knepeer, 218 A.D. 784 (N.Y. Ct. App. 1926).

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