Legal Opinion
Webb v. Elmira Water, Light & Railroad
New York Supreme Court
Decided August 8, 1932PublishedCited by 8 opinions
1Opinion of the CourtPersonius, J.
The plaintiff was a passenger in her own automobile which was being driven by the defendant Earl Echnoz, with her consent. It collided with a street car owned and operated by the other defendant. The plaintiff was injured and sues to recover damages, alleging that both defendants were negligent.
The defendant Earl Echnoz argues that if he was negligent, his negligence is imputed to the plaintiff and defeats her action. He cites Gochee v. Wagner (257 N. Y. 344), but that was an action between the owner-occupant of an automobile (driven by his wife) and a third party. This is an action directly…
2Cases cited6 opinions
- Gochee v. WagnerNew York Court of Appeals · 1931
- Plaumbo v. RyanAppellate Division of the Supreme Court of the State of New York · 1925
- Stroher v. . EltingNew York Court of Appeals · 1884
- Cohen v. NeustadterNew York Court of Appeals · 1928
- Gochee v. WagnerAppellate Division of the Supreme Court of the State of New York · 1931
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ottmann v. Village of Rockville CentreNew York Court of Appeals · 1937
- Bush v. OliverIdaho Supreme Court · 1963
- Urquhart v. McEvoyNew York Supreme Court · 1953
- Mencher v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1934
- Mikelinich v. CaliandroAppellate Division of the Supreme Court of the State of New York · 2011
3 more not listed; retrieve them via the Exa API.