Van Blaricom v. . Dodgson
New York Court of Appeals
Appeal from a judgment, entered July 9, 1915, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department reversing as to the respondent herein a judgment in favor of plaintiff, entered upon a verdict and directing as to him a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered July 9, 1915, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department reversing as to the respondent herein a judgment in favor of plaintiff, entered upon a verdict and directing as to him a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. A son, a member of the father’s immediate family, operating with his father’s consent an automobile 'owned by the father and purchased and maintained for the pleasure and benefit of his family, is a servant of the father…
1Opinion of the Court
Hiscock, Ch. J.
The respondent had a family consisting of his wife, a married daughter and' son-in-law and an adult son, all of whom resided with him. He was also the owner of an automobile which he “had purchased for the pleasure of the members ” of his family and himself and which car his wife drove from time to time “ for her pleasure ” as his son “ also did.” Said son also drove the car in taking out the daughter and her husband and “ the car was used for the entertainment of the members of the family and defendant’s (your) guests.” Interpreted in the light of ordinary experience this…
2Cases cited8 opinions
- Birch v. AbercrombieWashington Supreme Court · 1913
- Parker v. WilsonSupreme Court of Alabama · 1912
- Reilly v. . ConnableNew York Court of Appeals · 1915
- Smith v. JordanMassachusetts Supreme Judicial Court · 1912
- Marshall v. TaylorMissouri Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- Young v. MasciSupreme Court of the United States · 1933
- Psota v. Long Island R.R. Co.New York Court of Appeals · 1927
- Potts v. . PardeeNew York Court of Appeals · 1917
- Arkin v. PageIllinois Supreme Court · 1919
- Brustein v. New Amsterdam Casualty Co.New York Court of Appeals · 1931
86 more not listed; retrieve them via the Exa API.