Judgment reversed on the law, with costs, and complaint dismissed. The findings of fact are affirmed.
Under the state of the proof, section 59 of the Vehicle and Traffic Law has no application, and the owner's liability is to be determined under the common law of New York, which is presumed to be the same as the common law of South Carolina. (Debevoise v. New York, Lake Erie & Western R. R. Co., 98 N.Y. 377; First Nat. Bank v. National Broadway Bank...
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