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McDonald v. Peoples Gas & Electric Co.

224 A.D. 693 Court N.Y. App. Div. English

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p. 693
Elizabeth McDonald, Respondent, v. Peoples Gas and Electric Company of Oswego, Appellant.‡

Judgment and order affirmed, with costs. All concur, except Taylor, J., who dissents and votes for reversal on the law and for dismissal of the complaint upon the ground that there is no testimony authorizing a finding that defendant’s employee, Lloyd, was legally using the truck with the

p. 694
consent, express or implied, of the defendant. (Fluegel v. Coudert, 244 N. Y. 393 .) Present — Hubbs, P J., Clark, Sears, Crouch and Taylor, JJ.

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