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Rainke v. Colgan

243 N.Y. 582 Court N.Y. Decision date 1926-07-09 English

Contents
p. 582
Eleanor W. Rainke, Respondent, v. George A. Colgan, Jr., Appellant.
(Argued June 9, 1926;
decided July 9, 1926.)

Headnote

Negligence — motor vehicles — guest riding in automobile injured through negligence of driver.
Rainke v. Colgan, 216 App. Div. 820 , affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 27, 1926, 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 com
p. 583
plaint alleged that while plaintiff was riding as a guest in defendant’s automobile then being operated by defendant in the borough of Manhattan, in the vicinity of Harlem River Speedway and near Highbridge, defendant so carelessly and negligently conducted the management and operation of said automobile that it was caused or permitted to descend a steep flight of stone steps causing the injury complained of.
Judgment affirmed, with costs;
Alfred M.. Bailey and Frank J. O’Neill for appellant.|
Charles B. Law and Frederick S. Martyn for respondent.

no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.