Judgment for defendant entered upon dismissal of complaint by trial court at close of the case, unanimously reversed, on the law, with $50 costs and disbursements to abide the event, and a new trial directed.
The proof of defendant's ownership of the motor vehicle which struck the plaintiffs created a presumption that the driver, a garage mechanic, was using the vehicle with the defendant's permission, express or implied. (See Vehicle and Traffic Law, § 59, now...
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