Duffy v. Ascher

Judgment affirmed, with costs, as to appellant Sylvia Aseher. Judgment reversed and a new trial granted, with costs to abide the event, as to defendant Herbert S. Aseher. The burden of proof was upon the plaintiff to show that the defendant husband was responsible for the negligence of his wife in operating the ear at the time of the accident. While his ownership of the automobile was prima facie evidence of responsibility, the presumption disappears in the face of evidence that he was not present and took no part in operating the car at the time of the accident. (Potts v. Pardee, 220 N. Y.…