Lamanna v. Stevens
Superior Court of Delaware
Action by Rosa Lamanna, by her next friend, Ferisa Lamanna, against James R. Stevens. Plaintiff nonsuited. Action on the Case (No. 73, November Term, 1914) to recover for personal injuries to the infant plaintiff, alleged to have been occasioned by the negligent operation of defendant’s automobile. When the case was called a witness for the plaintiff was absent and out of the jurisdiction.
1Opinion of the Court
Conrad, J.,
delivering the opinion of the court.
It was admitted at the beginning of this case that the defendant was the owner of the automobile in question, and it has been shown that a party named Hutchins was driving it at the time of the accident.
The contention is that the ownership being admitted, Hutchins was prima facie the agent or employee of the owner. Conceding this, yet it is incumbent upon the plaintiff to show that the driver was, at the time of the accident, acting for the defendant in due course of the latter’s employment, and we do not think that the latter can be presumed,…
2Cases cited11 opinions
- Norris v. . KohlerNew York Court of Appeals · 1869
- Lewis v. AmorousCourt of Appeals of Georgia · 1907
- Edgeworth v. WoodSupreme Court of New Jersey · 1896
- Ludberg v. BarghoornWashington Supreme Court · 1913
- Seaman v. . KoehlerNew York Court of Appeals · 1890
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3Cited by2 opinions
- Cerchio v. MullinsSuperior Court of Delaware · 1922
- Finkbiner v. MullinsSuperior Court of Delaware · 1987