Miranda v. Lo Curto
Cases that cite this one
9 later published cases cite this decision.
- White v. Smith (District Court, D. New Jersey 1975)
- Maffatone v. WOODSON (N.J. Super. Ct. App. Div. 1968)
- Hanseman v. Hamilton (United States District Court for the District of Colorado 1959)
- Zowin v. Peoples Brewing Co. (Wis. 1937)
- Farber v. Smolack (N.Y. 1967)
- Farber v. Smolack (Appellate Division of the Supreme Court of New York 1966)
- Fornaro v. Jill Bros. (Appellate Division of the Supreme Court of New York 1964)
- Cherwien v. Geiter (N.Y. 1936)
- Cherwien v. Geiter (Appellate Division of the Supreme Court of New York 1935)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The record before us contains no sufficient evidence from which the jury might find that at the time of the accident the automobile of the defendant was operated by his son as his agent. There is even no proof that this was a family car. Had such proof been present it might be necessary to determine the question of liability under Missell v. Hayes (86 N. J. L. 348), assuming that that case states the common law of New York as we interpret it. The accident happening in New Jersey, section 282-e of our Highway Law has no application.
The judgment of the Trial Term and of the Appellate Division should be reversed, and a new trial ordered, with costs to abide the event.
Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ., concur.
Judgment reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.