White v. Hudson Navigation Company

Full title: ERNEST I. WHITE, Respondent, v . HUDSON NAVIGATION COMPANY, Appellant

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

Date published: Jan 1, 1916

172 App. Div. 931 (N.Y. App. Div. 1916)

Opinion

January, 1916.

Judgment and order affirmed, with costs. All concurred, except Foote, J., who dissented.

FOOTE, J. (dissenting):

I dissent and vote for reversal. I think defendant's agents supposed and had the right to suppose that Purdy was the owner of the car. He did not disclose the fact that he was the agent or chauffeur for the owner. I think there is no sufficient evidence to support the verdict to the effect that Purdy in moving the car onto the boat acted as agent of defendant.