Legal Opinion
Smalley v. Associated Transport, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 13, 1976PublishedCited by 6 opinions
1Opinion of the Court
Appeal from a judgment of the Supreme Court, entered June 18, 1973 in Schuyler County, upon a verdict of no cause of action rendered at a Trial Term in favor of defendants. Plaintiff passenger was injured when the automobile owned by him and driven by his employee collided with a truck owned by defendant Associated Transport, Inc., and driven by defendant Thomas M. King. The trial court, inter alia, correctly charged the jury in accordance with the rule of Gochee v Wagner (257 NY 344) that when the passenger is also the owner of the vehicle, the contributory negligence of the operator is to…
2Cases cited5 opinions
- Gochee v. WagnerNew York Court of Appeals · 1931
- Kelly v. Long Island Lighting Co.New York Court of Appeals · 1972
- Kalechman v. Drew Auto Rental, Inc.New York Court of Appeals · 1973
- De Lia v. ForteAppellate Division of the Supreme Court of the State of New York · 1974
- Brass v. Public Service Drive-Ur-Self System, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
3Cited by6 opinions
- Bethell v. PorterMissouri Court of Appeals · 1980
- State v. PoprickiAppellate Division of the Supreme Court of the State of New York · 1982
- Appelblom v. AppelblomAppellate Division of the Supreme Court of the State of New York · 1979
- Bibergal v. McCormickCivil Court of the City of New York · 1979
- Holt v. NesbitAppellate Division of the Supreme Court of the State of New York · 1985
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