Summary
In Meade v. Motor Haulage Co., Inc. (197 App. Div. 930; affd., 233 N.Y. 527), plaintiff was riding on a truck owned by and engaged in the business of Burns Brothers, and he was injured through the negligence of the chauffeur in the employ of and operating an automobile truck owned by the motor company, which truck and chauffeur Burns Brothers had hired at thirty dollars per day for use in its business of delivering coal, and at the time of the accident it was returning to the yard of Burns Brothers after delivering a load of coal.
Summary of this case from Cattini v. American Railway Express Co.Opinion
June, 1921.
Present — Dowling, Laughlin, Smith, Merrell and Greenbaum, JJ.
Judgment and order reversed and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulates to reduce judgment as entered to the sum of $20,112.20; in which event the judgment as so modified and the order appealed from are affirmed, without costs, on the authority of Charles v. Barrett [ ante, p. 584], handed down herewith. Settle order on notice.