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Feinberg v. Feinberg

Appellate Division of the Supreme Court of New York, Second Department
Apr 18, 1949
275 App. Div. 784 (N.Y. App. Div. 1949)

Opinion

April 18, 1949.

Present — Nolan, P.J., Johnston, Sneed, Wenzel and MacCrate, JJ. [See post, p. 846.]


In an action to recover damages for personal injuries sustained by appellants while riding in an automobile owned and operated by respondent, judgment dismissing the complaint on the merits, on respondent's motion, at the end of the entire case, unanimously affirmed, with costs. The accident occurred in the State of Virginia. In our opinion the proof was insufficient as a matter of law to establish that appellants were other than guests in respondent's automobile, or that respondent was guilty of gross negligence or willful and wanton disregard of the safety of appellants, within the meaning of the Virginia statute limiting recovery by guests transported without payment. (Mitchie's Unofficial Code of Virginia, § 2154 [232].)


Summaries of

Feinberg v. Feinberg

Appellate Division of the Supreme Court of New York, Second Department
Apr 18, 1949
275 App. Div. 784 (N.Y. App. Div. 1949)
Case details for

Feinberg v. Feinberg

Case Details

Full title:BENJAMIN FEINBERG et al., Appellants, v. LOUIS FEINBERG, Respondent

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

Date published: Apr 18, 1949

Citations

275 App. Div. 784 (N.Y. App. Div. 1949)