Rathfelder v. Flag

Prima fade proof that the truck was owned and controlled by the defendant Flag and that its operator was engaged in said defendant’s business was established by the license plates concededly the property of defendant-appellant. (Ferris v. Sterling, 214 N. Y. 249, 253.)

This proof, however, was fully overcome by the defendant’s evidence. It showed that defendant was engaged in the garage business and also dealt in second-hand cars in North Dana, Mass. William Lucia occasionally sold cars for him on commission and in this connection at times had dealer’s.license plates belonging to defendant in…