Locasto v. Manning, Bowman & Co.

We are of the opinion that the trial court erred in refusing to permit plaintiffs to offer evidence of the circumstances surrounding the use of the automobile in the business of the corporate defendant after the latter had rebutted the presumption of control by producing evidence that it was not in fact the owner of the automobile. The proof excluded was offered for the purpose of showing that the defendant James Taylor was an employee of the corporate defendant, using the car in the business of the corporate defendant under its direction and with its knowledge and consent. (Brown v.…