Aspinall v. City of New York

Headnote

Negligence — motor vehicles — New York city — municipal corporations — injury to plaintiff through negligent operation by city employee of automobile in which plaintiff was riding by invitation — city not liable.

Aspinall v. City of New York, 221 App. Div. 753 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 3, 1927, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of an employee of defendant city of New York, who having invited the plaintiff and another to ride in an automobile owned by the city

operated it recklessly and carelessly so as to bring it in collision with another automobile, through which plaintiff received the injuries complained of. The Appellate Division held: “ In taking plaintiff to his home, the driver of respondent’s automobile was not acting in the discharge of the city’s business. The act was beyond the authority of the municipal corporation. Section 282-e of the Highway Law does not impose any liability upon the city under the proof.”