Appellate Division of the Supreme Court of New York, 1949

Feinberg v. Feinberg

Feinberg v. Feinberg
Appellate Division of the Supreme Court of New York · Decided April 18, 1949
275 A.D.2d 784
Feinberg v. Feinberg

Opinion of the Court

*785In our opinion the proof was insufficient as a matter of law to establish that appellants were other than guests in respondent’s automobile, or that respondent was guilty of gross negligence or willful and wanton disregard of the safety of appellants, within the meaning of the Virginia statute limiting recovery by guests transported without payment. (Mitchie’s Unofficial Code of Virginia, § 2154 [232].) Present — Nolan, P. J., Johnston, Sneed, Wenzel and MacCrate, JJ. [See post, p. 846.]

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