Glendenning v. Feld
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtVaughan, J.
We are called upon to determine whether, under the facts and circumstances disclosed by this record, the conduct of the infant plaintiff George W. Glendenning, while riding as a guest in an automobile, constituted contributory negligence as matter of law so as to preclude recovery against the owner of the car and the driver who have been found to be negligent. We recognize that the negligence, if any, of a passenger is ordinarily a question of fact for the determination of a jury. (Nelson v. Nygren, 259 N. Y. 71, 76.) We feel, however, that in the instant case where there is no dispute as to…
2Cases cited10 opinions
- Nelson v. NygrenNew York Court of Appeals · 1932
- Clark v. TraverAppellate Division of the Supreme Court of the State of New York · 1923
- Reilly v. RawleighAppellate Division of the Supreme Court of the State of New York · 1935
- Joyce v. BrockettAppellate Division of the Supreme Court of the State of New York · 1923
- Joyce v. . BrockettNew York Court of Appeals · 1923
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3Cited by5 opinions
- Wilson v. KuenziSupreme Court of Missouri · 1988
- Freyer v. GangiAppellate Division of the Supreme Court of the State of New York · 1973
- Becker v. SchwartzNew York Court of Appeals · 1978
- Nicoletti v. PalmerAppellate Division of the Supreme Court of the State of New York · 1962
- Wilson v. KuenziSupreme Court of Missouri · 1988