Palmer v. Van Petten Lumber Co.

This is an action to recover damages for personal injuries which plaintiff suffered when defendant’s truck collided with plaintiff’s automobile. Plaintiff appeals from a judgment of nonsuit.

At the time of the accident defendant’s truck was in the possession of Prank Lovely, one of defendant’s employees. In the absence of rebutting testimony, this fact would give rise to an inference of agency.① *349The trial court held, however, that the inference was rebutted by the evidence adduced in this case. The evidence rebutting the inference was the uncontradicted testimony of several witnesses for…