Griswold v. Newman

Appellate Division of the Supreme Court of New York

Griswold v. Newman

259 A.D. 1111, 21 N.Y.S.2d 315, 1940 N.Y. App. Div. LEXIS 8164

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

DecidedJuly 2, 1940

StatusPublished

Cited by2 cases

This text of 259 A.D. 1111 (Griswold v. Newman) 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

Griswold v. Newman, 259 A.D. 1111, 21 N.Y.S.2d 315, 1940 N.Y. App. Div. LEXIS 8164 (N.Y. Ct. App. 1940).

Pincite

Opinion

Plaintiffs, husband and wife, have each recovered a judgment against the defendant for negligence. The ear in which they were riding [1112]*1112belonged to the wife and was driven by the husband. The trial judge erroneously charged that the negligence of the driver was not imputable to the owner. (Gochee v. Wagner, 257 N. Y. 344.) The verdict of the jury indicated a finding of fact that the husband, the driver, was not negligent, thus rendering the error harmless. The evidence shows a clear case of negligence on the part of the defendant and the judgments and order should be affirmed. Judgments and order unanimously affirmed, with costs. Present — Hill, P. J., Bliss, Heffernan, Schenek and Foster, JJ.

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Plaintiffs, husband and wife, have each recovered a judgment against the defendant for negligence. The ear in which they were riding [1112]*1112belonged to the wife and was driven by the husband. The trial judge erroneously charged that the negligence of the driver was not imputable to the owner. (Gochee v. Wagner, 257 N. Y. 344.) The verdict of the jury indicated a finding of fact that the husband, the driver, was not negligent, thus rendering the error harmless. The evidence shows a clear case of negligence on the part of the defendant and the judgments and order should be affirmed. Judgments and order unanimously affirmed, with costs. Present — Hill, P. J., Bliss, Heffernan, Schenek and Foster, JJ.

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Bluebook (online)

259 A.D. 1111, 21 N.Y.S.2d 315, 1940 N.Y. App. Div. LEXIS 8164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griswold-v-newman-nyappdiv-1940.

Opinion

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