Legal Opinion

Willis v. Fitzgerald Bros. Brewing Co.

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

Decided March 5, 1941PublishedCited by 1 opinion

1Opinion of the CourtSchenck, J.

Plaintiff was injured when the automobile owned by her and operated by her husband was in collision with another automobile upon a public highway in the State of Vermont. The action was brought against defendant on the theory that plaintiff’s husband was engaged in the business of the defendant at the time of the accident. Defendant interposed affirmative defenses (1) of common-law attribution of operator’s negligence to owner-occupant of an automobile, and (2) of the Vermont guest statute, which provides as follows: “ The owner or operator of a motor vehicle shall not be hable in damages for…

2Cases cited2 opinions

  1. Gochee v. WagnerNew York Court of Appeals · 1931
  2. Carter, Macy Co. v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1927

3Cited by1 opinion

  1. George v. Sparwood Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1970

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