271 N.Y. 189, Shuba v. Greendonner

Citation:271 N.Y. 189, 2 N.E.2d 536
Opinion Judge:HUBBS, Judge.
Party Name:SHUBA v. GREENDONNER and four other cases.
Attorney:Fourth department. Daniel Scanlon, of Watertown, for appellants. Jesse E. Kingsley, of Syracuse, for respondent.
Judge Panel:CRANE, C. J., and LEHMAN, O'BRIEN, CROUCH, LOUGHRAN, and FINCH, JJ., concur.
Case Date:May 19, 1936
Court:New York Court of Appeals

Page 189

271 N.Y. 189

2 N.E.2d 536

SHUBA

v.

GREENDONNER and four other cases.

Court of Appeals of New York.

May 19, 1936

Actions, tried together, by Anthony Shuba, Donald Bucher, Leonard Zimmerman, Angus LaLonde, and Carson Baker against George J. Greendonner. Judgment of the Supreme Court, Trial Term, entered in the office of the clerk of Onondaga county, December 21, 1932, in favor of defendant on a jury verdict of no cause of action was affirmed by the Appellate Division, Fourth Department ( 245 A.D. 566, 283 N.Y.S. 297), and plaintiffs appeal.

Reversed and a new trial granted.

[2 N.E.2d 537] Appeal from Supreme Court, Appellate Division,

Page 190

Fourth department. Daniel Scanlon, of Watertown, for appellants.

Jesse E. Kingsley, of Syracuse, for respondent.

HUBBS, Judge.

Appellants were passengers in a bus being operated upon a highway in this state. A Ford car, registered in the name of respondent in the state of Connecticut and being operated by respondent's son, a

Page 191

minor over sixteen years of age, collided with the bus and caused injuries to appellants. The respondent's son died as a result of injuries received in the collision. Both respondent and his son were residents of the state of Connecticut.

There is no doubt that respondent intentionally registered the car in his own name with knowledge of the terms of the Connecticut statute hereafter quoted. Moreover, he took out a policy of liability insurance in his name. He was permitted to prove on the trial that the negotiations for the purchase of the car were carried on by his son; that his son paid the purchase price, the license fee, insurance premiums, and the other expenses of upkeep. The court charged the jury that proof that the registration was issued in his name was prima facie proof of his ownership, but that such proof was subject to rebuttal. It was left to the jury to determine whether the respondent was in fact the owner of the car. The jury rendered a verdict in favor of respondent. It is stipulated upon this appeal that the evidence was sufficient to justify the jury in finding that appellants were guilty of contributory negligence and that respondent's son was free from negligence. The only question, therefore, is whether the trial court was in error under the facts in this case in submitting to the jury the question of ownership of the Ford car.

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53 practice notes
  • 357 F.2d 581 (D.C. Cir. 1965), 18648, Williams v. Rawlings Truck Line, Inc.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the District of Columbia Circuit
    • 30 Diciembre 1965
    ...(1957); Switzer v. Aldrich, 307 N.Y. 56, 120 N.E.2d 159 (1954); Reese v. Reamore, 292 N.Y. 292, 55 N.E.2d 35 (1944); Shuba v. Greendonner, 271 N.Y. 189, 2 N.E.2d 536 (1936). Thus, as Goldberger himself recognizes, if New York law in its entirety were applied, he would experience difficulty ......
  • 8 A.D.2d 502, Leotta v. Plessinger
    • United States
    • New York New York Supreme Court Appelate Division Fourth Department
    • 9 Julio 1959
    ...he were the owner of the vehicle on which the plates were displayed and he will not be heard to say that he was not (Shuba v. Greendonner, 271 N.Y. 189, 2 N.E.2d 536; Reese v. Reamore, 292 N.Y. 292, 55 N.E.2d 35; Buono v. Stewart Motor Trucks, Inc., 292 N.Y. 637, 55 N.E.2d 508; Switzer v. A......
  • 299 N.Y. 336, Elfeld v. Burkham Auto Renting Co., Inc.
    • United States
    • New York New York Court of Appeals
    • 19 Julio 1949
    ...due to rationing, the company 'could operate only a certain number of trucks'. In such circumstances, the rule of Shuba v. Greendonner (271 N.Y. 189) is applicable. There it was stated (per HUBBS, J., at pp. 193, 194): 'We said in Ferris v. Sterling (214 N.Y. 249) that the registration of a......
  • 80 N.W.2d 593 (Minn. 1957), 36858, Frye v. Anderson
    • United States
    • Minnesota Supreme Court of Minnesota
    • 18 Enero 1957
    ...resulting injury and damage to plaintiff was due entirely to the negligence of the operator of the truck. He cites Shuba v. Greendonner, 271 N.Y. 189, 2 N.E.2d 536, in which defendant registered car used by son in his own name and the court held it to be reversible error to permit defendant......
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53 cases
  • 357 F.2d 581 (D.C. Cir. 1965), 18648, Williams v. Rawlings Truck Line, Inc.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the District of Columbia Circuit
    • 30 Diciembre 1965
    ...(1957); Switzer v. Aldrich, 307 N.Y. 56, 120 N.E.2d 159 (1954); Reese v. Reamore, 292 N.Y. 292, 55 N.E.2d 35 (1944); Shuba v. Greendonner, 271 N.Y. 189, 2 N.E.2d 536 (1936). Thus, as Goldberger himself recognizes, if New York law in its entirety were applied, he would experience difficulty ......
  • 8 A.D.2d 502, Leotta v. Plessinger
    • United States
    • New York New York Supreme Court Appelate Division Fourth Department
    • 9 Julio 1959
    ...he were the owner of the vehicle on which the plates were displayed and he will not be heard to say that he was not (Shuba v. Greendonner, 271 N.Y. 189, 2 N.E.2d 536; Reese v. Reamore, 292 N.Y. 292, 55 N.E.2d 35; Buono v. Stewart Motor Trucks, Inc., 292 N.Y. 637, 55 N.E.2d 508; Switzer v. A......
  • 299 N.Y. 336, Elfeld v. Burkham Auto Renting Co., Inc.
    • United States
    • New York New York Court of Appeals
    • 19 Julio 1949
    ...due to rationing, the company 'could operate only a certain number of trucks'. In such circumstances, the rule of Shuba v. Greendonner (271 N.Y. 189) is applicable. There it was stated (per HUBBS, J., at pp. 193, 194): 'We said in Ferris v. Sterling (214 N.Y. 249) that the registration of a......
  • 80 N.W.2d 593 (Minn. 1957), 36858, Frye v. Anderson
    • United States
    • Minnesota Supreme Court of Minnesota
    • 18 Enero 1957
    ...resulting injury and damage to plaintiff was due entirely to the negligence of the operator of the truck. He cites Shuba v. Greendonner, 271 N.Y. 189, 2 N.E.2d 536, in which defendant registered car used by son in his own name and the court held it to be reversible error to permit defendant......
  • Free signup to view additional results