Hawthorne v. Eckerson Co.

Appellee’s proof of ownership, general employment, and customary use established a prima facie case, which means that there was a question of fact for the jury as to operation of the car for the appellant’s business. From such proof the jury was permitted to infer, as its reason might dictate, either that the driver was, or was not, acting within the scope of his employment.

The evidence said to be erroneously admitted may have been a factor which determined the jury’s verdict. In such case, it would be important and may well have been the decisive piece of evidence upon which the verdict was…