Levine v. Ackenbout
Levine v. Ackenbout
Opinion of the Court
This is an action to recover damages for personal injuries to the plaintiff received in a collision between two automobiles, one driven by the defendant Malayfsky, and the other by the defendant Ackenbout,'the plaintiff being at the time an occupant of Malayfsky’s car. There was a verdict against both defendants and Malayfsky appeals. The grounds of appeal are that the court erred in refusing to charge the following requests for instruction:
“2. Unless you find that the defendant Malayfsky was guilty of negligence in the manner charged in the complaint, you must find for the defendant Abram Malayfsky.
“é. Unless you find that the defendant Abram Malayfsky invited Mrs. Levine to ride with him, your verdict must be for the defendant Abram Malayfsky.
“5. If you find that the defendant Malayfsky did not invite Mrs. Levine the plaintiff to ride with him, but that she asked him to take her for a ride or to let her ride with him, then I charge you your verdict must be for the defendant Abram Malayfsky.”
Appellant has not shown that his substantial rights were injuriously affected by the denial of the instructions prayed (Practice Act 1912, page, 382, section 27), and the judgment will be -affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.