Wylie v. Stevens

Appeal from an order denying defendant’s motion to dismiss the complaint wherein it is alleged in substance that an automobile owned by defendant, and operated by his employee, was so negligently driven on the highway as to collide with plaintiff's automobile causing damage thereto. Defendant-appellant cites Newell v. Woodward (241 App. Div. 786) wherein a similar complaint, having to do with the maintenance and operation of an amusement park, dance hall and the adjacent parking space causing plaintiff to fall into a ravine, was held bad because “ the negligence under such an allegation might…