Downing v. City of New York

Headnote

Negligence — motor vehicles — master and servant — municipal corporations — collision between automobile belonging to city but being used by driver for his own purposes, and wagon driven by intestate — action for death — permission or authority to grant permission for use of automobile aside from city business not made out.

Downing v. City of New York, 219 App. Div. 444 , affirmed.

Appeal from a judgment, entered March 4,1927, 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 the death of plaintiff’s intestate alleged to have been sustained through the negligence of defendant. Intestate was killed as the result of a collision between a wagon he was driving and a motor truck belonging to defendant. The proof showed that at the time of the accident the driver was using the truck, with the consent of his foreman, on his own business. The Appellate Division held that “permission by the city or any. authority to grant permission by its officers for the use of the truck outside of its corporate purpose was not made out in law or fact.”