Beach v. Richtmyer

90 N.Y.S.2d 332 (1949)

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Nature of the Case

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Facts

Richmeyer's (D) truck and Carpenter's (D1) car collided. D1's car was driven by a chauffeur, Harris. At the time of the accident, Mr. and Mrs. Beach, Ethel Morrison, and Mrs. Smith were passengers in D1's car. As a result of the accident, Harris and Mrs. Smith died and the other occupants were seriously injured. Ps sued Ds to recover damages on the theory that both operators of the vehicles were negligent. At trial, Carpenter denied that her chauffeur had any authority to use her car that night to rebut the presumption that he did have authority to use the car. Harris, the chauffeur, was dead. A witness named Kniffen, a lawyer of repute was sworn as a witness for the character of Harris along with three other witnesses who all testified that Harris had good general moral character. D objected to the introduction of all this evidence. The verdict was given to Ps and D appealed.