Whiteside v. McCarson

Plaintiff alleged that, on'.the occasion of said collision, McCarson was operating Johnson’s 1953 Pontiac (1) with Johnson’s consent, and (2) as Johnson’s agent, servant and employee, for Johnson’s use and benefit and within the scope of the agency.- Defendants filed separate answers. Johnson denied all of plaintiff’s said allegations.

Plaintiff offered evidence tending to show the collision was caused by the negligence of McCarson in the respects alleged and Johnson’s admission that he was the owner of the 1953 Pontiac. To support the allegations referred to above, plaintiff relied solely on…