McCrossen v. Moorhead

Hasbrouck, J.:

This case was before this court on a prior appeal from a judgment dismissing the complaint at the close of the plaintiff's case upon the ground that the agency of the defendant’s daughter in driving the car had not been proved. (McCrossen v. Moorhead, 202 App. Div. 560.)

The court in its opinion on such appeal having stated the evidence in some detail determined that it, was sufficient to have justified the jury in finding the fact of agency. Substantially the same evidence on the agency of the daughter has been given on the second *498trial and upon that evidence we have no reason…