SMALLEY v. ASSOCIATED TRANSP., INC.


52 A.D.2d 979 (1976)

Franklin Smalley, Appellant, v. Associated Transport, Inc., et al., Respondents

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

May 13, 1976


Plaintiff passenger was injured when the automobile owned by him and driven by his employee collided with a truck owned by defendant Associated Transport, Inc., and driven by defendant Thomas M. King. The trial court, inter alia, correctly charged the jury in accordance with the rule of Gochee v Wagner (257 N.Y. 344) that when the passenger is also the owner of the vehicle, the contributory negligence of the operator is to be imputed to the owner. The plaintiff...

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