Orlando v. Pioneer Barber Towel Supply Co.

This is a negligence action growing out of injuries sustained by plaintiff when, on the evening of May 4, 1921, he was struck by defendant’s autocar truck while it was being taken from defendant’s laundry to the garage where it was to be left for the night. In the trial court the case was sent to the jury and plaintiff obtained a verdict. The Appellate Division reversed upon questions of law and fact and dismissed the complaint. Plaintiff rested on the presumption of control growing out of ownership of the car. The presumption continues until there is substantial evidence to the contrary.…