Farber v. Smolack

Benjamin, J. (dissenting).

In April 1960, Arthur Smolaek set out on a round trip from New York to Miami Beach, Florida, with his wife and two children in a 1959 Triumph station wagon. The station wagon was owned by his brother, the defendant, who lent it to him because Arthur at that time owned a 1952 Ford. Prior to turning the station wagon over to his brother, the defendant had twice had the clutch adjusted. In the week Arthur had possession of the vehicle before leaving for Florida, he again had the clutch adjusted. During the trip to Florida the clutch was still slipping and, therefore,…