Brennan v. National NuGrape Co.

Felton, Chief Judge.

The plaintiff contends that there is an issue of fact for a jury in this case for the reason that there was a presumption or authorized inference that the truck was being driven on the business of the defendant because the employee of the company was operating the vehicle at the time of the injury. This legal presumption or authorized inference is rebuttable and the facts of this case completely rebut thé inference that the employee had authority to operate the truck at the time of the injury. The plaintiff also contends that the employee had simply deviated from his…