BEACH V. RICHTMYER
90 N.Y.S.2d 332 (1949)
NATURE OF THE CASE: This was a damages and wrongful death suit resulting from an auto
accident.
FACTS: Richmeyer's (D) truck and Carpenter's (D1) car collided. D1's car was driven by a
chauffeur, Harris. At the time of the accident, Mr. and Mrs. Beach, Ethel Morrison, and Mrs.
Smith were passengers in D1's car. As a result of the accident, Harris and Mrs. Smith died
and the other occupants were seriously injured. Ps sued Ds to recover damages on the theory
that both operators of the vehicles were negligent. At trial, Carpenter denied that her
chauffeur had any authority to use her car that night to rebut the presumption that he did
have authority to use the car. Harris, the chauffeur was dead. A witness named Kniffen, a
lawyer of repute, was sworn as a witness for the character of Harris along with three other
witnesses who all testified that Harris had good general moral character. D objected to the
introduction of all this evidence. The verdict was given to Ps and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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