McCormack Bros. Motor Car Co. v. Holland

Plaintiff’s minor child was struck and injured by an automobile driven by one Beall, who was in the employ of defendant, McCormack Brothers Motor Car Company, as its salesman, and which car was owned by said Motor Car Company. These facts made out a prima facie case that Beall was at the time of the accident acting within the line and scope of his authority. Penticost v. Massey, 201 Ala. 261, 77 So. 675; Massey v. Pentecost, 206 Ala. 411, 90 So. 866; Rooks v. Swift & Cot, 210 Ala. 365, 98 So. 16.

The presumption thus established, however, is rebuttable, and, if overcome by undisputed evidence,…