Legal Opinion

Kohlmeier v. Allen

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

Decided June 2, 1922Published

Appeal by the defendant, Frederick H. Allen, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 15th day of November, 1921, upon the verdict of a jury for SI,000, and also from an order entered in said clerk’s office on the 21st day of November, 1921, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Clarke, P. J.:

The sole question presented is as to the responsibility of the defendant for the operation of his automobile, which was being driven by his son at the time of the accident. The defendant's family consisted of two sons and two daughters besides his wife and himself. The son, Frederick H. Allen, Jr., who was driving the car in question at the time of the accident, was twenty-seven years of age. He had been away from home for about eight years, living abroad and in Boston. He had been in the military service up to about three months before the accident when he returned to Boston.…

2Cases cited10 opinions

  1. Potts v. . PardeeNew York Court of Appeals · 1917
  2. Van Blaricom v. . DodgsonNew York Court of Appeals · 1917
  3. Maher v. BenedictAppellate Division of the Supreme Court of the State of New York · 1908
  4. Fallon v. . SwackhamerNew York Court of Appeals · 1919
  5. Heissenbuttel v. MeagherAppellate Division of the Supreme Court of the State of New York · 1914

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