Dimone v. Wayne County Produce Co.
231 A.D. 862
N.Y. App. Div.1930Check TreatmentJudgment 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.