249 A.D. 710 | N.Y. App. Div. | 1936
An automobile owned by defendant Samuel L. Yellen and driven with his consent by defendant Max M. Yellen collided at a street intersection in the city of Buffalo with another automobile in which John J. Coughlin . was a passenger with his son, plaintiff James F. Coughlin, who was driving. John ' J. Coughlin was killed. Plaintiff, as executor, has a judgment for $6,317. Defendants appeal. The trial court correctly charged the jury (1) that if they found that plaintiff, not decedent, owned the car driven by James F. Coughlin any negligence in James F. Coughlin could not be attributed to decedent; and (2) that if the jury found that decedent owned the car, he was responsible for any negligence in James F. Coughlin contributing to the result of the collision. A general verdict