Legal Opinion

Finnegan v. Mayer

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

Decided January 15, 1922PublishedCited by 2 opinions

Appeal by plaintiff from a judgment of the Supreme Court, entered in the New York county clerk’s office June 29, 1921, upon the verdict of a jury in favor of defendant Joseph G. Mayer, and upon an order dismissing the plaintiff’s complaint as against the defendant Milly Frank Mayer at the close of the entire case. Judgment affirmed, with costs. No opinion. Present — Clarke, P. J., Laughlin, Smith, Merrell and Greenbaum, JJ.; Smith and Greenbaum, JJ., dissenting.

1Opinion of the Court

Greenbaum, J. (dissenting):

The action was brought to recover damages for personal injuries alleged to have been sustained by plaintiff by reason of his being knocked down by an automobile owned or controlled by the defendants. The testimony undisputedly established that the automobile which struck plaintiff was owned by the defendant Milly Frank Mayer, the wife of the eodefendant Joseph G. Mayer. The car, however, was operated by a chauffeur who was employed by defendant Joseph G. Mayer, and whose duty it was to drive the car for any member of his family. At the time of the accident Mrs.…

2Cases cited1 opinion

  1. Potts v. . PardeeNew York Court of Appeals · 1917

3Cited by2 opinions

  1. Uralsky v. GribbonAppellate Division of the Supreme Court of the State of New York · 1934
  2. Uralsky v. GribbonAppellate Division of the Supreme Court of the State of New York · 1934

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