Bonnabeau v. E.A. Thompson, Inc.

Full title: ELLEN BONNABEAU, Respondent, v. E.A. THOMPSON, INC., Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 1, 1931

234 App. Div. 623 (N.Y. App. Div. 1931)

Opinion

July, 1931.

Judgment and order reversed upon the law and a new trial granted, costs to abide the event. The court erred in declining to charge, at folio 281, as to the liability of the owner of the automobile; in declining to charge, at folio 282, as to knowledge being a prerequisite to consent; and, at folio 284, in declining to charge that no inference may be drawn from the failure of defendant to call as a witness Fiore Sasse, the alleged operator of the car. Lazansky, P.J., Hagarty and Tompkins, JJ., concur; Carswell and Davis, JJ., concur in result.