Kleinman v. Frank

I dissent and vote to affirm. The Special Term has ruled, and the majority here has agreed with the ruling, that the negligence of the operator of the motor vehicle leased to the respondent is not imputable to the latter so as to disable him from obtaining damages for personal injuries from the operator, even though the respondent was a passenger in the vehicle at the time the operator drove negligently. That ruling is consistent with the precedents permitting an owner-occupant of a motor vehicle to recover from the operator for personal injuries suffered by the latter’s negligence…