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MILLER v. IMPERIAL INSURANCE INCORPORATED

No. 3174.

189 A.2d 359 (1963)

Helen R. MILLER, Appellant, v. IMPERIAL INSURANCE INCORPORATED, a corporation, Appellee.

District of Columbia Court of Appeals.

Decided March 28, 1963.

Attorney(s) appearing for the Case

Booker T. Smalley, Washington, D. C., for appellant. James C. Newton, Washington, D. C., also entered an appearance for appellant.

Joel Savits, Washington, D. C., with whom Samuel Barker, Washington, D. C., was on the brief, for appellee.

Before HOOD, Chief Judge, MYERS, Associate Judge, and CAYTON (Chief Judge, Retired) sitting by designation under Code § 11-776(b).

CAYTON, Acting Judge.

Appellee brought suit for and recovered as subrogee of its insured, damages sustained in an automobile accident. The collision occurred when appellant's automobile, driven by her son Clarence, struck the rear of insured's automobile. The question here is whether the evidence was sufficient to overcome the statutory presumption of agency created by the Motor Vehicle Safety Responsibility Act.

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