GLENDENNING v. FELD


285 A.D. 604 (1955)

George J. Glendenning, Individually and as Guardian ad Litem of George W. Glendenning, an Infant, Respondents, v. Walter Feld, Defendant, and Eleanore Lenney et al., Appellants

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

April 13, 1955.


Attorney(s) appearing for the Case

Brock, Brock & Chirlin (Alfred M. Zisser of counsel), for respondents.

Harold J. Tillou for appellants.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WHEELER and VAN DUSER, JJ.


VAUGHAN, J.

We are called upon to determine whether, under the facts and circumstances disclosed by this record, the conduct of the infant plaintiff George W. Glendenning, while riding as a guest in an automobile, constituted contributory negligence as matter of law so as to preclude recovery against the owner of the car and the driver who have been found to be negligent. We recognize that the negligence, if any...

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