Kavale v. Morton Salt Co.

It was incumbent on the plaintiff to prove by a preponderance of the evidence that at the time he was struck and injured by the truck in question, it was being used by Fotre within the scope of his employment; that he was engaged in some duty he owed the defendant as its employee and was. not driving his truck on an errand, or for some purpose, of his own. It being established that Fotre was the defendant’s employee and that the truck he was driving belonged to it, a legal presumption arose, to the effect that when the truck injured the plaintiff it was being used in the course of the…