Houlihan v. Selengut
New York Supreme Court
1Opinion of the CourtCollins, J.
This motion by the plaintiff to set aside a judgment dismissing the complaint presents the interesting question of the liability of the owner of an automobile who had stored it in a garage, leaving with the garageman the car keys, for injuries sustained by a pedestrian on a sidewalk, while the car was being driven by the garageman, in the absence of the owner. To put it differently: from the mere leaving of the keys with the garageman, can consent to drive the car out on the sidewalk be implied, so as to make the owner liable for the garageman’s negligence, under section 59 of the Vehicle and…
2Cases cited20 opinions
- Ferris v. . SterlingNew York Court of Appeals · 1915
- Psota v. Long Island R.R. Co.New York Court of Appeals · 1927
- Potts v. . PardeeNew York Court of Appeals · 1917
- Van Blaricom v. . DodgsonNew York Court of Appeals · 1917
- St. Andrassy v. MooneyNew York Court of Appeals · 1933
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3Cited by3 opinions
- Lewandowski v. Nat'l Grange Mut. Ins. Co.New Jersey Superior Court Appellate Division · 1977
- Waits v. Indemnity Ins. Co. of North AmericaLouisiana Court of Appeal · 1947
- Houlihan v. SelengutAppellate Division of the Supreme Court of the State of New York · 1941