Judgment and order unanimously reversed on the law and facts, without costs, and a new trial granted.
Memorandum:
The only real issue for the jury to pass upon, so far as liability was concerned, was whether the truck owned by Armco was being driven by its employee, Gardner, with its consent, express or implied. Proof of Armco's ownership created a presumption that its truck was being used with its consent (Vehicle and Traffic Law, § 388). However, the...
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