[Download] "Paul P. Glouzwski v. Joseph M. Ruback" by Supreme Court of New York ~ eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Paul P. Glouzwski v. Joseph M. Ruback
• Author : Supreme Court of New York
• Release Date : January 16, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Memorandum: This appeal is from an order denying a motion to dismiss the complaint as against the defendant owner of the automobile
upon the ground that the complaint fails to state a cause of action as to that defendant. The complaint alleges that on December
17, 1954 the plaintiff was a passenger in a Hudson automobile owned by the defendant Ruback and that in the process of alighting
from said automobile the defendant Lockwood carelessly closed the door on the plaintiff's hand; that said automobile was at
the time being used by the defendant Lockwood with the knowledge, consent and permission of Ruback the defendant owner. Liberally
construing the last-mentioned allegation we think that it may be regarded as an allegation of an ultimate fact rather than
a conclusion as urged by the appellant. Negligence in the operation of a motor vehicle by any person legally using or operating
the same is not limited to the manner in which the motor vehicle is driven (Eckert v. Farrington Co., 262 App. Div. 9, affd.
287 N. Y. 714; Elfeld v. Burkham Auto Renting Co., 299 N. Y. 336, 346). We agree with the Special Term that "Closing the door
of an automobile may very well be part of the process of either using or operating the automobile, depending on the circumstances
which may develop on the trial". The complaint here attempts to state a cause of action against the defendant owner based
solely upon section 59 of the Vehicle and Traffic Law. Liability under that section is confined to operation upon a public
highway. There is no allegation in this complaint which satisfies that requirement of the statute (Sylvester v. Brockway Motor
Truck Corp., 232 App. Div. 364; see, also, Roberts v. Gagnon, 1 A.D.2d 297, 300). Disposition Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs, with leave to serve an
amended complaint if so advised with 10 days after service of the order entered herein with notice of entry.

PDF Books "Paul P. Glouzwski v. Joseph M. Ruback" Online ePub Kindle