Cammarata v. Nassau Appliance Co.

Plaintiffs’ automobile was struck in the rear and upset by a light delivery truck owned by the appellants. The accident took place on a Sunday afternoon, and appellants’ truck was being driven by “ a colored man.” The scene of the accident was at Eastern parkway and Fulton street, in Brooklyn, Kings county. The foregoing facts appear to have been conclusively established. Appellants gave evidence that on Saturday they left their truck with a repairman on Hillside avenue, Jamaica, Queens county. The truck was to be repaired on Sunday, and, after being repaired, was to be returned to appellants…