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DEUEL v. RUSSELL

23 A.D.2d 614 (1965)

William F. Deuel, an Infant, by William B. Deuel, His Guardian ad Litem, Appellant, v. Frank C. Russell, Sr., et al., Respondents William B. Deuel, Appellant, v. Frank C. Russell, Sr., et al., Respondents

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

February 25, 1965

MEMORANDUM BY THE COURT.

The jury was fully warranted in finding that the infant defendant was not negligent. Insofar as the owners were concerned, there was no proof which would support any derivative liability (the present section 48 of the Navigation Law having been subsequently enacted); and their entrusting the boat to a bailee, even had he been known to be an incompetent operator, would give rise to no liability absent any finding of proximate cause, and here...

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