Barrett v. McNulty

Memorandum. There was uncontradicted evidence that the defendant driver did not have express permission to operate the motor vehicle involved in the accident; and there was no competent evidence from which permission or authority could be inferred. Thus, the presumption of permissive use was overcome and the complaint as against the owner and the lessee was properly dismissed at the close of all the evidence. Evidentiary effect was properly given the proof of defendant operator’s conviction, upon his plea of guilty, of larceny of the vehicle involved; but inasmuch as the evidence required…