New York Court of Appeals

George R. Psota, an Infant, by Joseph Psota, His Guardian Ad Litem, Respondents v. Long Island Railroad…

November 22, 1927246 N.Y. 388

Summary

The Court reversed the judgment against Antoinette D. Andrews and ordered a new trial, holding that the trial court erred in excluding evidence that the driver was acting outside the scope of his employment and that, under section 282‑e of the Highway Law, an owner is not liable for a driver’s negligence when the driver acts contrary to the owner’s instructions. The Court also held that a father’s loss‑of‑services action is covered by the statute’s reference to injuries to the person.