Lowell v. Williams — 228 N.Y. 592

Majority

p. 592

Josephine C. Lowell, Respondent, v. Harriet T. Williams, Appellant, Impleaded with Another.

Headnote

Lowell v. Williams, 183 App. Div. 701 , affirmed.

(Argued March 9, 1920;

decided April 13, 1920.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 17, 1918, affirming a judgment in favor of plaintiff entered upon a veidict in an action to recover for personal injuries alleged to have been sustained by her through the negligence of defendant. Plaintiff, while riding as a guest in defendant appellant’s automobile,

p. 593

received the injuries complained of as the result of a collision with a motor track occasioned through the negligent operation of the vehicle in which she was riding. The principal question on appeal was whether the rule of respondeat superior is applicable between master and servant in relation to a gratuitous guest, invited by the master to ride in a carriage or automobile purely as a courtesy or kindness.

Joseph F. Murray, Irving W. Young, Jr., and Robert M. McCormick for appellant.

Edward J. Byrne and Sidney V. Lowell for respondent.

Judgment affirmed, with costs; no opinion.

' Concur: His cock, Ch. J., Chase, Collin, Cardozo, Pound, Crane and Andrews, JJ.