LUCKNER v. ACKLEY


24 A.D.2d 1052 (1965)

Clayton L. Luckner, Appellant, v. Clarence Ackley, Doing Business as Ackley Buick, Respondent

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

December 23, 1965


Per Curiam.

A 1959 hearse-ambulance owned by plaintiff was damaged by fire while undergoing a minor repair in defendant's garage on May 10, 1962. The jury was not bound to draw the inference that the fire was attributable to the failure of the mechanic engaged in making the repair to exercise due care in the circumstances. After the fire defendant, at his own expense, undertook to restore the vehicle to its former condition. The general manager of the sales...

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