Summary
In Faust v. Central Greyhound Lines (298 N.Y. 721) it was held to be a question of fact whether the negligence of a husband driving a motor vehicle owned by his wife killed as a result of a collision with the defendant's bus would be imputed to her so as to defeat a recovery by her estate.
Summary of this case from Kleinman v. FrankOpinion
Argued October 13, 1948
Decided November 24, 1948
Appeal from the Supreme Court, Appellate Division, Fourth Department, CROSS, J.
Albert V. Moore for appellant.
Bartle Gorman and Latimer B. Senior for respondent.
In each case: Judgment of Appellate Division reversed and the action remitted to that court for determination upon questions of fact there raised (Civ. Prac. Act, § 606), with costs to abide the event, on the ground that in each case the evidence presents questions of fact as to the defendant's negligence, and in the first case as to freedom from contributory negligence on the part of plaintiff's intestate.
Concur: LOUGHRAN, Ch. J., CONWAY, DESMOND and DYE, JJ. LEWIS and FULD, JJ., dissent in the first case upon the ground that the driver of the automobile was guilty of contributory negligence, as a matter of law, which was imputed to the plaintiff's intestate. ( Gochee v. Wagner, 257 N.Y. 344.)