Drollinger v. McCurdy

Judgment as to appellant McCurdy reversed upon the law, with costs, and complaint, as to him, dismissed, with costs. Defendant Rhodes, with whom appellant McCurdy left an automobile to be repaired, was an independent contractor. (Thorn v. Clark, 188 App. Div. 411.) The injuries sustained by respondent occurred while such contractor was giving appellant’s automobile a road test. The owner of the car is not liable under the common law. Section 59 of the Vehicle and Traffic Law was passed to “ make the owner liable for the negligence of a person to whom he loaned the car in connection with its…