Schaller v. Pitts Motors, Inc.

Judgment and order unanimously affirmed, with costs. Martino was an employee of the defendant, and was engaged in defendant’s business at the time of the accident. The terms of his employment, whereby defendant allowed him a weekly sum for gasoline consumed by his automobile, show that the use of his car was adopted by defendant, and that it was contemplated that the car should be used in defendant’s business. Present — Kelly, P. J., Rich, Jaycox, Manning and Kelby, JJ.