Zuckerman v. Parton

The plaintiff’s evidence in these cases did not justify a dismissal; there was presented a question of fact which should have been submitted to the jury.

George F. Parton, the defendant, was the owner of a Chevrolet automobile which he was accustomed to leave at the Gramatan Garage in Bronxville before taking the train to New York city, where he was engaged in business. In the evening, on his return, he would pick up the car at the garage and drive home. A few days before the 25th day of October, 1924, he had been informed that his battery needed replacing, and he left it at the garage in the…