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Feinberg v. Feinberg

275 A.D.2d 784 Court N.Y. App. Div. Decision date 1949-04-18 English

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p. 784
• Benjamin Feinberg et al., Appellants, v. Louis Feinbbrg, Respondent.—
p. 785
In 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.]