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eBook details

• Title: Rhoda Dym v. Morris Gordon
• Author : Court of Appeals of New York
• Release Date : January 09, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

The plaintiff, a guest in the defendant driver's automobile, seeks to recover damages against her host for injuries which concededly were the result of ordinary negligence in its operation. Both the plaintiff and defendant are New York domiciliaries and if the accident had occurred here the defendant would doubtless be liable. However, the accident and negligent conduct took place in the State of Colorado, a jurisdiction which has enacted a ""guest statute""1 barring a guest's recovery against the host unless ""willful and wanton disregard"" of safety can be shown. The trial court, professedly invoking the conflict of laws rule recently defined in the case of Babcock v. Jackson (12 N.Y.2d 473 [1963]), decided as a matter of law that New York law was applicable. The Appellate Division unanimously reversed the judgment and held that Colorado law must apply. I believe that the determination of the Appellate Division is in accord with the rationale in Babcock. It seems to me that the trial court interprets the rule in Babcock merely

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