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COMSTOCK v. BEEMAN

24 A.D.2d 931 (1965)

Diane G. Comstock, an Infant, by Her Guardian ad Litem, Philip E. Comstock, et al., Respondents-Appellants, v. Lyman A. Beeman, Jr., Respondent-Appellant, John J. Howe, Respondent, and Motor Vehicle Accident Indemnification Corporation, Intervenor

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

November 29, 1965

HAMM, J.

The plaintiff Diane Comstock sustained injuries while a passenger in an automobile owned by the defendant Beeman and operated by the defendant Howe. Negligence, contributory negligence and proximate causation presented issues for resolution by the jury and require no discussion. The issue is implied permission of the defendant operator to drive the automobile of the defendant owner. The defendant Beeman and Mrs. Beeman, his wife, were residing...

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