Opinion
Argued May 29, 1940
Decided June 14, 1940
Appeal from the Supreme Court, Appellate Division, Second Department, FENNELLY, J.
Maxwell Ross, Lyman A. Spalding and Harold L. Grossman for appellants.
Arnold La Guardia for respondent.
Judgment of the Appellate Division reversed and judgment of the Trial Term reinstated, with costs in this court and in the Appellate Division, on the ground that the Record presents a question of fact as to whether the chauffeur Bauser was acting at the time of the accident with the permission of the owner of the motor vehicle. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.