Clarke v. Mason Au & Magenheimer Confectionery Manufacturing Co.

Judgment affirmed, with costs. The jury may properly have found that appellant had given its salesman full and complete control of its car, thus making him “ the master of the ship ” (Grant v. Knepper, 245 N. Y. 158), even to the extent of permitting a third person to use the car. The car was thus used with the implied permission of appellant, and for the negligent acts of the third person appellant is responsible. (Vehicle & Traffic Law, § 59; Bennett v. Nazzaro, 144 Misc. 450; affd., 237 App. Div. 866.) Lazansky, P. J., Hagarty and Davis, JJ., concur; Young and Tompkins, JJ., dissent and…