Heissenbuttel v. Meagher — 221 N.Y. 511

Majority

p. 511

Adele Heissenbuttel, Appellant, v. Mark C. Meagher, Respondent.

(Argued April 30, 1917;

decided May 15, 1917.)

Headnote

Heissenbuttel v. Meagher, 162 App. Div. 752 , affirmed.

Appeal from a judgment entered June 25, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover for personal injuries alleged to have been sustained through the negligence of the defendant. Plaintiff while waiting to board a street car in the city of New York was struck by defendant’s automobile and received the injuries complained of. The defense was that at the time of the acci

p. 512

dent the automobile was being operated by the defendant’s adult son for his own use and purposes.

Theodore B. Chancellor for appellant.

Stephen P. Anderton and Stephen H. Philbin for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Oh. J., Cardozo, Pound, Crane and Andrews, JJ. Absent: Collin, J. Not sitting: McLaughlin, J.