Appellate Division of the Supreme Court of New York, 1938

Bennrona Corp. v. Mulroney

Bennrona Corp. v. Mulroney
Appellate Division of the Supreme Court of New York · Decided March 9, 1938
254 A.D. 630; 3 N.Y.S.2d 87; 1938 N.Y. App. Div. LEXIS 6777
Bennrona Corp. v. Mulroney

Opinion of the Court

Judgment and order affirmed, with costs. Memorandum: Proof of ownership of the plaintiff’s car was sufficient to establish prima facie that the person operating the car was engaged in the owner’s service. (Ferris v. Sterling, 214 N. Y. 249.) We find nothing in the record to rebut this presumption. The contributory negligence of the driver of the car as found by the jury barred a recovery. All concur. (The judgment is for defendant in an automobile negligence action. The order denies a motion for a new trial.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

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