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BORNAS v. STANDARD ACC. INS. CO.

5 A.D.2d 96 (1958)

Ingeborg Bornas, Appellant, v. Standard Accident Insurance Company of Detroit, Michigan, Respondent Demostan Bornas, Appellant, v. Standard Accident Insurance Company of Detroit, Michigan, Respondent

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

March 21, 1958.

Attorney(s) appearing for the Case

Delon F. Mousaw for appellants.

John B. Hudson for respondent.

All concur, except McCURN, P. J., and KIMBALL, J., who dissent and vote for affirmance on the ground that there is no evidence to support a finding that Crandall was the agent of the defendant insurance company. Present — McCURN, P. J., KIMBALL, BASTOW, GOLDMAN and HALPERN, JJ.

BASTOW, J.

The plaintiffs appeal from a judgment entered upon a verdict of a jury directed by the court at the close of the evidence in favor of the defendant dismissing the complaints of the respective plaintiffs. The latter had recovered judgments against one Gladys Howell based upon her negligent operation of an automobile resulting in personal injuries and property damage to the plaintiffs. The present actions...

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