Yonkers Woodworking Co. v. Cacciatore

Judgment of the City Court of Yonkers reversed upon the law and the facts, with costs, and complaint dismissed, with costs. There is no evidence that the driver of the truck was in defendant’s employment, or that he had the express or implied consent of the defendant to operate the truck, or that he was in the performance of any duty for defendant at the time the accident occurred. Young, Kapper, Carswell, Seudder and Tompkins, JJ., concur.