Drennan v. Great American Insurance

Judgment and order unanimously reversed on the law and facts, with costs, and third-party complaint dismissed, with costs. Memorandum: A milk truck owned by Drennan had left the highway and overturned in a field. Platt, an employee of Drennan, called Market Street Garage to extricate the milk truck. Employees of Market, including Evans, attached a chain to the front axle of the milk truck, then attached a cable from a tow truck to the chain and winched the milk truck onto the highway. Thereafter the cable was disconnected from the chain and the tow truck moved up the road some distance.…