Reyes v. Sternberg

Judgment for defendant entered upon dismissal of complaint by trial court at close of the ease, unanimously reversed, on the law, with $50 costs and disbursements to abide the event, and a new trial directed. The proof of defendant’s ownership of the motor vehicle which struck the plaintiffs created a presumption that the driver, a garage mechanic, was using the vehicle with the defendant’s permission, express or implied. (See Vehicle and Traffic Law, § 59, now § 388.) This presumption was rebuttable but, even in the case of substantial evidence "to the contrary, the question of consent and…