Carty v. Acker, Merrall & Condit Co.

Dowling, J.:

This action is brought to recover damages sustained by plaintiff by reason of the negligent operation of defendant’s automobile delivery truck.

The accident happened at One Hundred and Forty-fifth street and Lenox avenue in the city of New York, at about seven-ten p. m. on November 18, 1920. The only question involved in this appeal is whether the automobile was being used in defendant’s business at the time of the accident, or whether the chauffeur had abandoned his employer’s business and was engaged about his own affairs at that time.

The following facts appear without dispute:…