Mills v. Gabriel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtJohnston, J.
The action is to recover for damage to plaintiff’s motor vehicle while it was being operated by another, with her permission but in her absence. Defendant is the owner and was *61the operator of the automobile with which plaintiff’s automobile collided. The evidence justifies the findings of the trial court that both operators were negligent and that at the time of the accident the operator of plaintiff’s automobile was using it for his own private purpose and not for the benefit and upon the business of plaintiff. Under such circumstances the owner is not liable under the common law for damages…
2Cases cited7 opinions
- Gochee v. WagnerNew York Court of Appeals · 1931
- Cherwien v. GeiterNew York Court of Appeals · 1936
- Plaumbo v. RyanAppellate Division of the Supreme Court of the State of New York · 1925
- Webber v. GravesAppellate Division of the Supreme Court of the State of New York · 1932
- Gochee v. WagnerAppellate Division of the Supreme Court of the State of New York · 1931
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3Cited by56 opinions
- Morris v. Snappy Car Rental, Inc.New York Court of Appeals · 1994
- Christensen v. Hennepin Transportation Co. Inc.Supreme Court of Minnesota · 1943
- Murdza v. ZimmermanNew York Court of Appeals · 2003
- Stuart v. PilgrimSupreme Court of Iowa · 1956
- Naso v. LafataNew York Court of Appeals · 1958
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