McDougald v. Couey

Repiearing Denied

The declaration quoted in the opinion alleges that the automobile “was owned by the said defendant and was being driven on the public highway,” and that “the said operator of said automobile, that was owned by defendant, so negligently,” etc. But it is not alleged that “the said operator” was the agent or servant of the owner of the automobile; or that the operator had the authority or consent or permission or acquiescence of the owner, express or implied, for the use of the automobile by the operator so as to invoke the doctrine of respondeat superior. Non constat the…