Ely v. Dolen

Headnote

Negligence — motor vehicles — injury from collision between two cars — ■failure of proof of liability of husband, for negligence of driver of wife’s car.

Ely v. Dolen (2 eases), 219 App. Div. 726 , 727, affirmed.

Appeal, in each of the. above-entitled actions, from a judgment, entered April 20, 1927, upon an order of

the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict. The first action was to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant; the second, by the husband of the plaintiff in the first, to recover for loss of services and expense arising from her injuries which were received as the result of the collision of the automobile in which she was riding with one owned by defendant-respondent’s wife. The Appellate Division held that there was a total failure of proof to establish the liability of defendant-respondent for the conduct of the driver of his wife’s car.