Henriques v. Franklin Motor Car Co.

The burden is upon the plairitiff, who seeks recovery against a corporation for alleged tortious conduct of its servant, to show that the servant was acting on its behalf and by its authority. If the act complained of is done in the course of the ordinary work of the servant and is within the ostensible authority of one performing such *519work, the burden is sustained by showing what was done, Mills v. W. T. Grant Co. 233 Mass. 140; but if it is not, something more must be given in evidence before the plaintiff is entitled to have his case presented to a jury. Witham v. Gregory & Read Co. 243…