Dracup v. Lutgen

Crosby, J.:

Plaintiff recovered a judgment against both defendants in an action upon the trial of which it was undisputed that an automobile owned by defendant Charles Lutgen was being driven at the time of plaintiff’s injury by defendant John Lutgen, the owner, Charles, not being present.

This action was brought before the statutory enactment which makes owners of automobiles liable for damage done by their cars while being driven by others, and not on the owner’s business. (Highway Law, § 282-e, as added by Laws of 1924, chap. 534.) But upon the trial defendant Charles Lutgen made no defense…