Wolpert v. Garrett

Judgment and order insofar as appealed from reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: The defendant, Garrett, who had a learner’s permit, was the owner and operator of the car. The defendant-appellant, Johnson, a licensed operator, accompanying Garrett, was teaching him to drive. The plaintiff was injured and had a verdict against both defendants. The court erred in charging the jury that in passing upon the liability of appellant Johnson, they could find negligence as to him if they found that Garrett violated the provisions of…