Ferris v. Sterling — 220 N.Y. 616

Majority

p. 616

Joseph Ferris, as Administrator of the Estate of Elmer Ferris, Respondent, v. Sarah E. Sterling, as Executrix of Frederick O. Sterling, Deceased, Appellant.

Headnote

Ferris v. Sterling, 171 App. Div. 975 , affirmed.

(Argued January 24, 1917;

decided February 9, 1917.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 11, 1915, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of the defendant. Plaintiff’s intestate died from injuries received in a collision between a motorcycle on which he was riding and an automobile belonging to Frederick 0. Sterling, defendant’s testator, and negligently operated by a servant of said Sterling, while engaged in his master’s business. The answer denies that the ownership of the automobile was in Frederick 0. Sterling; that it was being operated in his business; that the accident was caused by the negligence of the servant, and sets up the affirmative defense that the accident was caused by the negligence of plaintiff’s intestate.

p. 617

Oliver D. Burden for appellant.

Jerome L. Cheney for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscocic, Ch. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Crane, JJ.