Osborne v. Gilreath

In his complaint plaintiff first alleges that the defendant was operating the automobile at the time it overturned. Further on he alleges that at the time it was being operated by the defendant, or by someone under his direction and control. And further on he alleges that the defendant was either operating the automobile or controlling its operation.

All of plaintiff’s evidence as to the operator of the automobile at the time it overturned is the statement of the defendant to the State Highway Patrolman Arledge, “that it was all his fault . . . the deceased girl was driving the automobile at…