Phillips v. Cook

Hammond, J.,

filed the following dissenting opinion, in which SyberT, J., concurred.

I dissent because I think the evidence conclusively rebutted the presumption that the operator of a motor vehicle owned by another is the agent or servant of the owner, acting within the scope of the owner’s business, and left no room for the jury to find the partnership liable. The holding of the majority extends the liability of a partnership for the tortious acts of a partner to new and, to me, unjustified lengths.

There was no contradiction or impeachment of, or reason to doubt, the testimony that Harris had…