Levy v. Daniels' U-Drive Auto Renting Co.

108 Conn. 333, 143 A. 163 (1928)

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Levy v. Daniels’ U-Drive Auto Renting Co.

Connecticut Supreme Court
108 Conn. 333, 143 A. 163 (1928)

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Facts

Sacks (defendant) rented a car in Connecticut from Daniels’ U-Drive Auto Renting Company, Incorporated (U-Drive) (defendant). Sacks was driving the vehicle in Massachusetts when he stopped the car without providing sufficient warning to vehicles behind him. Sacks’s vehicle had no functioning taillight, and it was hit from behind by Maginn (defendant). Levy (plaintiff), a passenger in the vehicle driven by Sacks, was seriously injured. Levy sued Sacks, Maginn, and U-Drive in a Connecticut court. His claim against U-Drive was based on a Connecticut statute imposing liability on anyone who rented an automobile to a person whose operation of the vehicle caused personal injury or property damage during the rental period. The court sustained U-Drive’s demurrer to the complaint on the grounds that its liability was governed by the law of Massachusetts, not Connecticut, and that Massachusetts, unlike Connecticut, did not impose liability based upon the renting of an automobile. Levy appealed.

Rule of Law

Issue

Holding and Reasoning (Wheeler, C.J.)

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