Southworth v. State

OPINION OF THE COURT

Memorandum.

The orders of the Appellate Division should be affirmed, with costs.

For the reasons stated by Mr. Justice Michael F. Dillon in the majority opinion at the Appellate Division, we conclude that the State was not negligent in issuing the interim driver’s license. We note in particular the fact, now conceded by the plaintiff, that the driver was not ineligible under the statutes in effect when the license was issued.

This determination, however, should not be read as suggesting that the State might have been liable if the Motor Vehicle Department had been negligent…