Court of Appeal Wellington
16 June; 30 September 1955
McGregor J, Stanton J, Hutchison J
16 June; 30 September 1955
McGregor J, Stanton J, Hutchison J
Evidence — Negligence — Proof of Ownership of Motor-car causing Damage — Onus of Proof resting on Party asserting it — Fact of Ownership prima facie Evidence that Driver was Servant or Agent of Owner — Weight to be attached to Such Evidence.
Husband and Wife — Negligence — Wife negligently driving Husband's Motor-car and causing Damage — Fact of Ownership prima facie Evidence that Wife at Material Time was Husband's Agent — Weight to be attached to Such Evidence dependent on Whole of Circumstances and Explanation by Husband — Husband not Vicariously Liable if Onus of Proof of His Ownership not discharged by Party asserting it.
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