Reversed, on the law and the facts and in the exercise of discretion, vacated, and is remanded for a new trial, with $60 costs and disbursements of this appeal to abide the event.
In this action for damages for personal injuries, it seems that defendant Gruskin was driving a motor vehicle in the scope of his employment, such vehicle being owned by defendant Cato, when the accident occurred. It appears that plaintiff, upon hearing the bells of an ice cream truck at...
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