280 A.D. 1035 | N.Y. App. Div. | 1952
Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event. Memorandum: We think that a plaintiff who has been licensed by the State of New York to operate a motor vehicle and who voluntarily accompanies a defendant, who has just received a learner’s permit, in defendants. ear for the purpose of teaching the defendant to drive, assumes the risk of the defendant’s inexperience and may not recover damages for personal injuries caused by the lack of skill or inexperience of the defendant and that it was error for the court to fail so to charge. (Cunningham v. Erie R. R. Co., 137 App. Div. 506; Eisenhut v. Eisenhut, 212 Wis. 467; Thomas v. Steppert, 200 Wis. 388.) While we find no case exactly in point