Majority
p. 862Anthony Dimone, an Infant, by Michael Dimone, His Guardian ad Litem, Appellant, v. Wayne County Produce Company, Respondent.
Judgment dismissing complaint reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. The court is of opinion that there was a question of fact for the jury to determine as to whether or not the traffic manager acquiesced in plaintiff’s being on the truck as a helper. Lazansky, P. J., Young and Tompkins, JJ., concur; Kapper and Hagarty, JJ., dissent and vote to affirm.