Voorhes v. Tide Water Oil Sales Corp.

On appeal of defendant Fredericks, judgment of the County Court of Nassau county reversed on the law and the facts, with costs, and complaint as to her dismissed, with costs. The undisputed testimony shows that Mrs. Fredericks’ car, at the time of the accident, was being driven by a third party without her knowledge or consent and contrary to her express instructions to her son; that such third party was unlicensed to drive an automobile; and that the son was not in the ear at the time. The circumstances do not warrant an inference that the son had the implied right to loan the car to third…