Legal Opinion

Farthing v. Strouse

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

Decided May 5, 1916PublishedCited by 7 opinions

Appeal by the plaintiff, Frederick Farthing, from a judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of Queens on the 10th day of June, 1915, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.

1Opinion of the Court

Stapleton, J.:

The plaintiff was injured by Collision with a motor car through the act of defendant’s wife, alleged to have been negligent. The wife was operating the car. Her husband was not present. Plaintiff sued the husband and was nonsuited. He appeals.

Tanzer v. Read (160 App. Div. 584) is an authority against him. He contends the decision in that case is destroyed by Ferris v. Sterling (214 N. Y. 249). That is a case in which a father was sued for his son’s negligence in operating a motor car. Thé father was a liveryman. Because of prolonged illness, the management of the business was to…

2Cases cited10 opinions

  1. Ferris v. . SterlingNew York Court of Appeals · 1915
  2. Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
  3. Birch v. AbercrombieWashington Supreme Court · 1913
  4. Kayser v. Van NestSupreme Court of Minnesota · 1914
  5. King v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876

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3Cited by7 opinions

  1. Potts v. . PardeeNew York Court of Appeals · 1917
  2. Durel v. FlachLouisiana Court of Appeal · 1925
  3. Duffy v. AscherAppellate Division of the Supreme Court of the State of New York · 1920
  4. Lax v. Union Railway Co.City of New York Municipal Court · 1932
  5. Boes v. HowellNew Mexico Supreme Court · 1918

2 more not listed; retrieve them via the Exa API.

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