Applebaum v. New York Railways Corp.

This motion to strike out certain denials is denied. The judgment in the action brought by the plaintiff’s wife, the owner of the car, against the defendant for property damage is not res adjudicóla on the issue of contributory negligence in the present suit by the husband, the driver of the car, for personal injuries. Under section 59 of the Vehicle and Traffic Law, the contributory negligence of the driver cannot be imputed to the owner to bar the latteT’s recovery in his own action. (Nannes v. Ideal Garage, Inc., 150 Misc. 522; Webber v. Graves, 234 App. Div. 579. Contra, Darrohn v.…