Clark v. Junkins

The appellant, Mrs. Clark, the plaintiff below, had allowed her son Christopher to use her automobile for purposes of his own on the afternoon of November 25, 1964. While driving to pick up a friend, Christopher slid the car into the rear of a preceding car which had stopped preparatory to making a right turn into a private driveway.

At the conclusion of the testimony for Mrs. Clark, Judge Moorman took the case from the jury, ruling as a matter of law that there had been no sufficient evidence of primary negligence, that the presumption that Christopher was his mother’s agent had been rebutted…