Saltas v. Affleck

LARSON, Justice.

The action involved in this appeal arose out of a collision in which plaintiff’s son was fatally injured, and the question raised on this appeal is whether the trial court erred in directing a verdict in favor of the defendant Affleck. Appellant contends that the presumption that the driver of the automobile was doing so as agent of the owner, and acting within the scope of his employment arising from the fact of proof of ownership of the automobile and of the agency should be considered as evidence to be submitted to the jury along with the uncontradicted evidence rebutting…