BABAJKO v. FRAWLEY


9 A.D.2d 764 (1959)

Andrew Babajko, Respondent, v. Catherine V. Frawley, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 2, 1959


Judgment unanimously affirmed, with costs.

The pleadings admitted that appellant owned, operated, managed, maintained, and controlled the motor vehicle at the time of the accident. Proof of ownership was prima facie proof that the custodian of the car was then engaged in the owner's service. From proof of appellant's ownership arose the presumption that the car was used for her benefit and on her account (Ferris v. Sterling, 214 N.Y. 249). In the absence of...

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