Clark v. Stewart

By the pleadings, and during the statement of the case, it was admitted by counsel for the defendant that at the time of the collision in question the son was the agent of the father. This brought the case within the theory of respondeat superior. It will be noted that this admission falls far short of admitting liability, but counsel seem to think that by this admission the charge that the father was negligent in entrusting his car to his son, who was an incompeteñt driver, was taken out of the case entirely. This court cannot subscribe to that contention.

A careful perusal of the case of…