Goodier v. National Surety Co.

Carswell, J.:

A single question of law determines the issue herein. There is no case that has decided that question. The plaintiff and his son respectively each recovered judgments for $5,000 and $20,000 against one Duelka for damages resulting from an accident on December 12, 1923, when Duelka, while operating an automobile, ran down and injured plaintiff’s son. Plaintiff’s judgment was for expenses incurred in treatment of the son and for loss of services.

When the accident happened section 282-b of the Highway Law (as added by Laws of 1922, chap. 612) required that any person operating a…