Gochee v. Wagner

Crosby, J. (dissenting).

By special findings of the jury we have a case where plaintiff was injured through the concurring negligence of the defendant and of plaintiff's own wife while plaintiff was riding in his own car driven by his wife. There is a further finding that plaintiff was free from any personal negligence. The question is whether or not plaintiff is deprived of his right to recover from the defendant by reason of section 59 of the Vehicle and Traffic Law, which reads:

“ § 59. Negligence of operator other than owner attributable to owner. Every owner of a motor vehicle or…