Williams v. Falconberg
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Supreme Court, entered in the Columbia county clerk’s office on the 28th day of January, 1915, and also from a judgment entered on the 1st day of February, 1915, upon said order.
1Dissent
Kellogg, J. (dissenting):
The contention raised by the demurrer of the defendant Bressette is that the complaint does not state a cause of action against him. It is alleged that while the plaintiff was lawfully upon the highway, an automobile “ owned by the defendant Bressette and operated and driven by the defendant Falconberg. ” struck and injured the plaintiff, and that the automobile was negligently driven and controlled. The liability for the plaintiff’s injury rests solely upon the person controlling the car. The owner of the car is not liable as owner; he can only be liable in this case…
2Cases cited2 opinions
- Ferris v. . SterlingNew York Court of Appeals · 1915
- Rubin v. BiermanAppellate Terms of the Supreme Court of New York · 1914