Fiocco v. . Carver

The defendants, engaged in business in the city of New York, sent a truckload of merchandise from Manhattan to Staten Island. The duty of the driver when he had made delivery of the load was to bring the truck back to the garage at Twenty-third street and Eleventh avenue on the west side of the city. Instead of doing that, he went, as he tells us, to Hamilton street on the east side, to visit his mother! A neighborhood carnival was in progress in the street. A crowd of boys, dressed in fantastic costumes, as Indians, Uncle Sam, cowboys, and the like, were parties to the frolic. They asked the…