Imerson v. Benway

Appellate Division of the Supreme Court of New York

Imerson v. Benway

12 A.D.2d 694, 207 N.Y.S.2d 738, 1960 N.Y. App. Div. LEXIS 6772

Appellate Division of the Supreme Court of the State of New York·Decided December 2, 1960·Published·Cited by 1 cases

Opinion

Appeal from an order of a Special Term, Supreme Court, Washington County. The complaint has been dismissed for insufficiency. The theory of the action is that defendant is liable to plaintiff because defendant left his automobile in such a “ condition ” that “ it could be *' * * operated by unauthorized persons”; that it was “unlawfully taken and operated” by a 15-year-old boy; that plaintiff’s intestate, 16 years old, was with the boy who had thus taken defendant’s ear; and while plaintiff’s intestate was driving it and attempting to escape police pursuit the car ran into a pole and he was killed. We see no liability here. Order unanimously affirmed, without costs.

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Appeal from an order of a Special Term, Supreme Court, Washington County. The complaint has been dismissed for insufficiency. The theory of the action is that defendant is liable to plaintiff because defendant left his automobile in such a “ condition ” that “ it could be *' * * operated by unauthorized persons”; that it was “unlawfully taken and operated” by a 15-year-old boy; that plaintiff’s intestate, 16 years old, was with the boy who had thus taken defendant’s ear; and while plaintiff’s intestate was driving it and attempting to escape police pursuit the car ran into a pole and he was killed. We see no liability here. Order unanimously affirmed, without costs.

Imerson v. Benway, 12 A.D.2d 694, 207 N.Y.S.2d 738, 1960 N.Y. App. Div. LEXIS 6772 (N.Y. Ct. App. 1960).

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