Moore v. . Rosenmond
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 26, 1923, affirming a judgment in favor of plaintiff entered upon a verdict.
1Opinion of the CourtPound, J.
Plaintiff was struck by defendant’s automobile at the intersection of Amsterdam avenue and Sixty-second street, borough of Manhattan. It was being driven negligently. The controversy is whether at the time of the accident the car was in use for defendant’s benefit and' on his account, or whether the defendant’s chauffeur had taken it on an expedition or frolic or, in the vulgar, a joyride, for his own pleasure or purpose. The plaintiff rested his principal case mainly on the presumption of control arising from defendant’s ownership of the automobile. (Ferris v. Sterling, 214 N. Y. 249, 253.)…
2Cases cited5 opinions
- Ferris v. . SterlingNew York Court of Appeals · 1915
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
- Hanrahan v. . New York Edison Co.New York Court of Appeals · 1924
- Bloodgood v. . WhitneyNew York Court of Appeals · 1923
- Benevento v. . Poertner Motor Car Co.New York Court of Appeals · 1923
3Cited by29 opinions
- Chaika v. VandenbergNew York Court of Appeals · 1929
- Golenternek v. KurthSupreme Court of Arkansas · 1948
- Pariso v. TowseCourt of Appeals for the Second Circuit · 1930
- Worth v. WorthWyoming Supreme Court · 1935
- Denny v. Goldblatt Bros.Appellate Court of Illinois · 1939
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