Maher v. Benedict
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Albert 0. Benedict, from a judgment of the County Court of Westchester county in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 18th day of March, 1907, upon the verdict of a jury for $150, and also from an order entered in said clerk’s office on the 18th day of March, 1907, denying the defendant’s motion for a new trial made upon the minutes..
1Opinion of the Court
Jenks, J.:
The action is for the negligent driving of a motor ear, whereby •the plaintiff’s horses took fright and ran away. In consequence the plaintiff,- who stood at the horses’ heads, was injured. The question in the case is as to the liability of the defendant. He owned the car. At the time of the accident he was not in the car. It was driven by his son, a man twenty years old. Liability cannot be cast , Upon the defendant because he owned the car, or because he permitted his son to drive the car whenever he wished to do so (Cavanagh v. Dinsmore, 12 Hun, 468) or because the driver was his…
2Cases cited8 opinions
- Hull v. . LittauerNew York Court of Appeals · 1900
- Stone v. HillsSupreme Court of Connecticut · 1877
- McCarthy v. TimminsMassachusetts Supreme Judicial Court · 1901
- Sheridan v. CharlickNew York Court of Common Pleas · 1872
- Molloy v. Whitehall Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Ferris v. . SterlingNew York Court of Appeals · 1915
- Birch v. AbercrombieWashington Supreme Court · 1913
- Griffin v. RussellSupreme Court of Georgia · 1915
- Potts v. . PardeeNew York Court of Appeals · 1917
- Hays v. HoganSupreme Court of Missouri · 1917
24 more not listed; retrieve them via the Exa API.