Dimone v. Wayne County Produce Co. , 231 A.D. 862 ( 1930 )

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.