To demonstrate the endurance of the cars which it was selling, a promoter induced defendant sales company to furnish a car to be driven for 100 consecutive hours without stopping, by a driver handcuffed to the steering wheel. The promoter hired the driver, instructing him to seek shelter (permitting the motor to continue running) should it start to rain, to protect the advertisements on the car. After driving for 20 hours, it commenced to rain and the driver found refuge in an open barn by the side of the road. After the rain had subsided, finding himself unable to get out, the driver "rocked" the car by putting it first into low gear, then in reverse. He smelled smoke and shortly thereafter there was an explosion (evidently from the exhaust). The barn and contents were ignited and demolished. Held, the sales company was liable for damages to the barn. Hogan v. Comac Sales Co., (App. Div., 1935) 281 N. Y. S. 207.

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