Davidson v. Shindler

Headnote

Negligence — motor vehicles — guests of owner of automobile injured through car starting down hill when left for few minutes by driver.

Davidson v. Schindler, 208 App. Div. 801 (2 cases), affirmed.

Appeal, in the first above-entitled action, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 14, 1924, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Appeal, in the second above-entitled action, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 14, 1924, affirming

a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. The defendant was the proprietor of a summer boarding house known as the Wayside Inn, located between Hurleyville and Loch Sheldrake, in the county of Sullivan. Plaintiffs selected a room in this hotel and the proprietor of the hotel or his servants or agents engaged to take plaintiffs to get their baggage. The hotel was situated on a hill. The automobile which was to take the plaintiffs stopped at the side of the hotel facing downhill. The driver of the car was the defendant’s bookkeeper. Plaintiffs got into the car, which was a Ford runabout, and the driver drove a few feet when he was called to the office by a departing guest. He stopped the car and directed plaintiffs to remain while he went into the office, and while plaintiffs were sitting in the car it started down the incline and hit a telephone pole and plaintiffs sustained the injuries complained of.