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SCHIED v. DAVEY TREE EXPERT CO., INC.

2 A.D.2d 926 (1956)

James B. Schied, Appellant-Respondent, v. Davey Tree Expert Co., Inc., Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 9, 1956

Early in the morning of New Year's Day 1952, a truck owned by the defendant, while being driven by Robert Morse, then an employee of the defendant, struck and damaged a house owned by the plaintiff. The negligence of Morse and the amount of damage to the house were stipulated; the only question at the trial was whether Morse had permission, express or implied, to drive the defendant's truck at the time of the accident. The defendant Davey Tree Expert Co., Inc., is in the...

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