Rubin v. Bierman
Appellate Terms of the Supreme Court of New York
Appeal by defendant from an order denying her motion for judgment on the ■ pleadings and dismissing the complaint in the City Court of the city of New York.
1Opinion of the CourtBijur, J.
The plaintiff did not oppose the motion, nevertheless, the learned judge below denied it on the ground that the pleadings raised a- good issue. The complaint alleges that the plaintiff was injured by the careless operation of an automobile owned by the defendant, and that the same at the time of the accident was operated by a chauffeur who is named. *175Respondent’s citation of McCann v. Davison, 145 App. Div. 522, is not in point. That case holds merely that proof of ownership gives rise to a presumption of control. The case at bar is concerned with pleadings. It is not denied that defendant is…
2Cases cited1 opinion
- McCann v. DavisonAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by3 opinions
- People ex rel. Schindler v. KaiserNew York Supreme Court · 1916
- Stein v. LyonNew York Supreme Court · 1917
- Williams v. FalconbergAppellate Division of the Supreme Court of the State of New York · 1915