Sicari v. Arco Service, Inc.

In an action by an infant to recover damages for personal injuries and by his father for medical expenses and loss of services, the appeal is from a judgment entered on a jury verdict in favor of respondents against appellant. Judgment affirmed, with costs. No opinion. Wenzel, Acting P. J., Murphy, Ha.nina.n and Kleinfeld, JJ., concur; Ughetta, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum: The only reasonable interpretation of the evidence is that, for the purpose of moving a stove for his father-in-law, appellant’s employee, the defendant Sinacore, used appellant’s truck on a Sunday, without appellant’s permission. The accident happened during such unauthorized use of the truck. A verdict should have been directed in favor of appellant.