LE FLEUR v. VERGILIA


280 A.D. 1035 (1952)

Florence I. Le Fleur, Respondent, v. James Vergilia et al., Appellants

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

November 19, 1952.


Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event.

Memorandum:

We think that a plaintiff who has been licensed by the State of New York to operate a motor vehicle and who voluntarily accompanies a defendant, who has just received a learner's permit, in defendant's car for the purpose of teaching the defendant to drive, assumes the risk of the defendant's inexperience and may not recover...

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