169 Misc. 559 | N.Y. Sup. Ct. | 1938
Motion to strike out a defense as insufficient. The action is for personal injuries allegedly sustained by the plaintiff Joseph Rodgers while riding as a passenger in an automobile owned by the defendant Thomas Ward, and operated by the defendant Arthur Kimball. The defendant Ward alleges that the automobile at the time of the accident was being used by Joseph Rodgers in furtherance of a joint enterprise in which they were engaged and that both of them had control over the management, operation and destination of the vehicle.