Senator Cab Co. v. Rothberg

I dissent because in my opinion the majority decision is the result of an unauthorized invasion of the fact-finding power of the trial court.

Proof of appellee’s ownership of the automobile constituted prima facie evidence that Day was operating the automobile at the time of the collision with the consent of appellee. This prima facie evidence, or statutory presumption as it was termed in Rosenberg v. Murray, 73 App.D.C. 67, 116 F.2d 552, imposed on appellee the affirmative duty of proving that the car was not at the time of the accident operated with his express or implied consent. Rosenberg…