Opinion
May, 1928.
Present — Hubbs, P J., Clark, Sears, Crouch and Taylor, JJ.
Judgment and order affirmed, with costs. All concur, except Taylor, J., who dissents and votes for reversal on the law and for dismissal of the complaint upon the ground that there is no testimony authorizing a finding that defendant's employee, Lloyd, was legally using the truck with the consent, express or implied, of the defendant. ( Fluegel v. Coudert, 244 N.Y. 393.)