Singer v. Metz Co.

Citations

• 107 Wash. 562
• 182 P. 614
• 1919 Wash. LEXIS 804

Syllabus

<p>Master and Servant (172, 182)—Negligence of Servant—Scope of Employment—Evidence. The defendant’s admission of ownership of an automobile causing damages, and that the one driving it was in his employ, establishes a prima facie case against the owner upon the question of the driver’s acting in the course of his employment.</p> <p>Evidence (34)—Burden of Proof—Shifting. The making of a prima facie case by plaintiff does not of itself result in the shifting of the burden of proof as to any facts which are necessary to sustain the plaintiff’s right of recovery not admitted by the defendant, though defendant admitted facts raising presumptions making a prima facie case for plaintiff.</p> <p>Master and Servant (172, 182)—Evidence (34)—Injury to Third Person—Scope of Employment—Shifting Burden of Proof. In an action for personal injuries sustained through the negligent driving of an automobile, defendant’s admission of ownership and that the driver was in his employ at the time of the collision, does not shift the burden of proof, which is still upon the plaintiff to establish that the driver was acting in the course of his employment at the time of the collision.</p>