Legal Opinion
Beck v. Renahan
New York Supreme Court
Decided April 27, 1965PublishedCited by 11 opinions
1Opinion of the CourtFrank A. Gulotta, J.
The motion for judgment on the claim over herein by the owner of the automobile against the operator, which was left with the court for decision, is based upon the familiar right of indemnity which one tort-feasor has against another, where the former is held liable vicariously for the active wrongdoing of the latter, and without any fault on the part of such owner. (Traub v. Binder, 309 N. Y. 395.)
In pronouncing such a judgment, the court is bound to take cognizance of the realities of the situation and not to grant a judgment which, on all the facts, a party is not entitled to. Here the…
2Cases cited4 opinions
- Miller v. KujakWisconsin Supreme Court · 1958
- Traub v. DinzlerNew York Court of Appeals · 1955
- Western States Mutual Insurance v. Standard Mutual InsuranceAppellate Court of Illinois · 1960
- American Fidelity and Casualty Company v. Huston L. SimmonsCourt of Appeals for the Fourth Circuit · 1958
3Cited by11 opinions
- Pennsylvania General Insurance v. Austin Powder Co.New York Court of Appeals · 1986
- Dairyland Insurance Company v. RichardsArizona Supreme Court · 1972
- Schwartz v. S. Lipkin & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Archibald v. Midwest Paper Stock CompanySupreme Court of Iowa · 1967
- Winnick v. Kupperman Construction Co.Appellate Division of the Supreme Court of the State of New York · 1968
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