Dowdell v. Beasley
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. ■ Action by Wilbur P. Beasley against James S. Dowdell and others for damages for personal injuries. Judgment for plaintiff, and defendants appeal. The complaint ascribes the injuries of the plaintiff to the negligence of the servant agent, or employee of the defendant, while acting within the line and scope of his authority.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. ■ Action by Wilbur P. Beasley against James S. Dowdell and others for damages for personal injuries. Judgment for plaintiff, and defendants appeal. The complaint ascribes the injuries of the plaintiff to the negligence of the servant agent, or employee of the defendant, while acting within the line and scope of his authority. The accident occurred in a collision between a motorcycle ridden by the plaintiff and an automobile owned by the defendant, but operated by one Arthur Baldwin, as chauffeur. The evidence tended to show…
1Opinion of the CourtSomerville, J.
On a former appeal in this case (Dowdell et al. v. Beasley, 17 Ala. App. 100, 82 South. 40) it was held that there is a prima facie presumption of fact that a chauffeur, wlio is employed to operate a car, and who is found operating it in the ordinary way, is acting within the course of his employment; and, further, that that presumption arose out of the evidence then before the court, and was not rebutted by the testimony offered by defendants, in the absence of a comprehensive showing that the chauffeur was not acting under the authority of any member of defendants’ firm, or any authorized…
2Cases cited12 opinions
- Slater v. Advance Thresher Co.Supreme Court of Minnesota · 1906
- Lotz v. HanlonSupreme Court of Pennsylvania · 1907
- Danforth v. FisherSupreme Court of New Hampshire · 1908
- Wheeler v. McGuire, Scoggins & Co.Supreme Court of Alabama · 1888
- Brinkman v. ZuckermanMichigan Supreme Court · 1916
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3Cited by40 opinions
- Tullis v. BlueSupreme Court of Alabama · 1927
- Mobile Pure Milk Co. v. ColemanSupreme Court of Alabama · 1935
- Perdue v. MitchellSupreme Court of Alabama · 1979
- Edwards v. EarnestSupreme Court of Alabama · 1921
- Ford v. HankinsSupreme Court of Alabama · 1923
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