McGRATH v. COONROD


277 A.D. 926 (1950)

Gussie McGrath, as Administratrix of The Estate of Robert J. McGrath, Deceased, Appellant, v. Gordon Coonrod, Respondent Luther Hitt, as Administrator of The Estate of Howard Gildersleeve, Deceased, Appellant, v. Gordon Coonrod, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 27, 1950.


The two decedents were killed while riding as passengers in a motor vehicle owned by the defendant and operated by one Woods. There was a conflict of evidence as to whether or not Woods was operating the vehicle with the consent of the defendant. There was also evidence from which the jury could have found that the accident resulted from drinking on the part of the driver, of which the passengers had knowledge. Only questions of fact were involved, and they were properly...

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