Kell v. Henderson
New York Supreme Court
47 Misc. 2d 992, 263 N.Y.S.2d 647 (1965)
- Written by Curtis Parvin, JD
Facts
Albert Henderson (defendant) used the car of his mother, Helen Henderson (defendant), for a pleasure trip to New York. Included among his passengers was an infant (plaintiff). The Hendersons and the infant were all residents of Ontario, Canada, where the car was licensed and registered. The trip began and was to end in Ontario. A single-car automobile accident occurred on June 15, 1963, in New York, injuring the infant. Representatives of the infant brought an action in New York on February 20, 1964. The Hendersons filed a motion to amend their answer to include a defense based on Ontario’s guest statute, which barred recovery by guests in a vehicle involved in an accident. The Hendersons reasoned that because all parties were from Ontario, the trip was to start and end there, and the car was from Canada, Ontario law should apply.
Rule of Law
Issue
Holding and Reasoning (Hughes, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
