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Masci v. Young

Decided: October 17, 1932.

ANTHONY MASCI, PLAINTIFF-RESPONDENT,
v.
CHARLES YOUNG, DEFENDANT-APPELLANT



On appeal from the Supreme Court.

For the appellant, Kellogg & Chance.

For the respondent, Aaron L. Simon.

Donges

The opinion of the court was delivered by

DONGES, J. This appeal brings up a judgment of the Supreme Court, in favor of the plaintiff and against the defendant, entered on postea on verdict at the Passaic Circuit after a trial before Judge Mackay and a jury.

The defendant, Young, lent his automobile to one Balbino, who took it to the city of New York, and, whilst operating it there, collided with plaintiff and injured him, for which injuries the judgment was obtained.

The defendant, Young, was a resident of the State of New Jersey, and was in this state at the time of the bailment to Balbino and, likewise, at the time of the collision complained of.

The statute of New York invoked to impose liability upon the defendant provides:

"Every owner of a motor vehicle or motorcycle operated upon a public highway shall be liable and responsible for death or injuries to person or property resulting from negligence

in the operation of such motor vehicle or motorcycle in the business of such owner or otherwise by any person legally using or operating the same with the permission express or implied of said owner."

This statute was applied at the trial and it is this action of the trial judge that is assigned as error. The question is presented on motions to the judge to control the case, as well as by ...


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