BARNES v. SHUL PRIVATE CAR SERV., INC.


35 A.D.2d 841 (1970)

Clarence Barnes, Respondent, v. Shul Private Car Service, Inc., Appellant. (Action No. 1.) Cosmopolitan Mutual Insurance Company, Appellant, v. Clarence Barnes, Respondent. (Action No. 2.)

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

November 30, 1970


Orders affirmed, with one bill of $10 costs and disbursements jointly against appellants.

Defendant in Action No. 1 operated a public livery and rented its vehicles, of which the vehicle in question was one, to drivers for $20 a day, the drivers keeping the excess moneys. This vehicle looked like a taxi. Plaintiff hailed the "taxi" and the driver stopped, permitted plaintiff to enter and agreed to drive him to his destination for a fee. At the conclusion of the trip...

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