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Continental Auto Lease Corporation v. Campbell

Court of Appeals of New York
227 N.E.2d 28 (1967)


Facts

Kamman rented a car from Continental Auto Lease Corporation (Continental) (plaintiff). Kamman damaged his rental car in an accident with a car driven by Ralph Shepard. Continental sued Shepard to recover for the damages to the rental car. Shepard died, and his administrator, Doris Campbell (defendant), was substituted as defendant in Continental’s suit. The jury found that both drivers, Kamman and Shepard, were negligent in causing the accident. The trial court directed a verdict in favor of Continental. Campbell appealed, alleging that Kamman’s negligence was imputable to Continental, barring Continental from recovering against Campbell. The appellate court affirmed. Campbell appealed.

Rule of Law

Issue

Holding and Reasoning (Keating, J.)

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