In Walter v. Bond, 292 N.Y. 574, 54 N.E.2d 691, a taxicab driver left his car parked in the street unattended, with doors unlocked and ignition key in switch.Summary of this case from Wannebo v. Gates
Submitted January 14, 1944
Decided March 2, 1944
Appeal from the Supreme Court, Appellate Division, Second Department, UGHETTA, J.
John M. Braisted, Jr., and Irving Ginsberg for appellants.
Harold Davis and Lawrence Eichner for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, DESMOND and THACHER, JJ. RIPPEY and CONWAY, JJ., dissent on the ground that there was a question of fact presented as to defendant's negligence.