Freeman v. Southern Life & Health Ins. Co.
Decision Date | 20 December 1923 |
Docket Number | 6 Div. 983. |
Citation | 98 So. 461,210 Ala. 459 |
Court | Alabama Supreme Court |
Parties | FREEMAN v. SOUTHERN LIFE & HEALTH INS. CO. ET AL. |
Appeal from Circuit Court, Jefferson County; Romaine Boyd, Judge.
Action for damages by F. D. Freeman against the Southern Life & Health Insurance Company and R. L. Darrell. From the judgment, plaintiff appeals. Affirmed.
Harsh Harsh & Harsh, of Birmingham, for appellant.
T. A Saulsbury, of Birmingham, for appellees.
This was a suit brought by the appellant against these appellees for injuries inflicted by a car operated by Darrell, one of said appellees, and there was judgment against Darrell and verdict in favor of the Southern Life Company, pursuant to the general affirmative charge given in its favor. The plaintiff appealed, and insisted upon error as to the giving of said charge.
In order for the plaintiff to recover against appellee company it was incumbent upon him to show that "Darrell," at the time of the injury, was operating the car as its agent or servant and that he was acting within the line or scope of his duties as such agent or servant. It may be conceded that the proof of the ownership of the car made out a prima facie case that it was being operated by an agent or servant of the defendant company, and that he was acting within the scope of his authority. Ford v. Hankins, 209 Ala. 202, 96 So 349, and cases there cited. This, however, was but a rebuttable presumption, and if the evidence in rebuttal is undisputed and shows that the party operating the car was not the agent or servant of the defendant or was not acting within the scope of employment, the defendant would be entitled to the general charge. Ford v. Hankins, supra; Massey v....
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