Mere ownership of an automobile does not render the owner liable for a collision occurring when it is driven by another person. Graham v. Cleveland, 58 Ga. App. 810 (200 SE 184). Nor is the fact that the operation of an automobile is with the consent and permission of the owner sufficient to establish that the driver is the agent or servant of the owner. Durden v. Maddox, 73 Ga. App. 491, 493 (37 SE2d 219).
We are aware that where an owner is present in an automobile being driven by another an inference may properly be drawn by the jury that the owner was in control of the operation of the automobile. Trawick v. Chambliss, 42 Ga. App. 333 (3) (156 SB 268). However, this inference only applies “where nothing else appears.” Yellow Cab Co. v. Nelson, 35 Ga. App. 694 (2) (134 SE 822). In other words, “There is a presumption, in the absence of any evidence to the contrary, that an owner present in his car has power to control it.” Beam v. Pittsburgh it. Co., 366 Pa. 360 (77 A2d 634, 640); 8 AmJur2d 124, § 572; Pollard v. Grimes, 202 Okla. 118 (210 P2d 778); Nicosia v. Marangi, 13 N. J. Super. 550 (81 A2d 20). “The general theory of these cases is that the presumption or the inference is not evidence, but serves in the place of evidence until evidence to the contrary is adduced. It is created merely for purposes of administrative convenience, to be resorted to in the absence of evidence, to require the party most likely to have in his possession or knowledge the evidence of the real facts in issue, to produce such evidence in the first instance; that when such evidence is produced as to .the real facts, there remains no warrant to keep the presumption in the case and that in such case it disappears, and does not create a conflict with the defendant’s evidence so as to require its submission to the jury on the theory of conflict in the evidence; that in such event the plaintiff must introduce independent evidence to create a conflict with the evidence of the defendant to require its submission to the jury.” 5 ALR2d 204. See also, Atlantic C. L. R. Co. v. Drake, 21 Ga. App. 81 (4) (94 SE 65) ; Central of Ga. R. Co. v. Pitts & Espy, 16 Ga. App. 314 (84 SE 285).
The uncontradicted evidence of both the driver and the owner *770shows that at the time of the injuries the driver of the automobile was a bailee and the owner was his guest. In addition, the driver testified that he did not intend to return the automobile to the owner until reaching his house. While this testimony is not vital, it strengthens the case. The driver’s intention, being relevant to the issue, is “proof of a substantive fact, and admissible in this case.” Alexander v. State, 118 Ga. 26 (4) (44 SE 851); Nichols v. Ward, 27 Ga. App. 501 (2) (108 SE 832); Hale v. Robertson & Co., 100 Ga. 168 (27 SE 937); Green, Georgia Law of Evidence, § 303; 8 Wigmore on Evidence 104, § 1965; McCormick on Evidence, 568, § 269.
Furthermore, “It is a well-established principle of substantive law that circumstantial evidence has no probative value in establishing a fact where such evidence is consistent with direct and unimpeached evidence showing the non-existence of such a fact.” Allgood v. Dalton Brick &c. Corp., 81 Ga. App. 189, 194 (58 SE2d 522); Frazier v. Ga. R. & Bkg. Co., 108 Ga. 807 (33 SE 996); Myers v. Phillips, 197 Ga. 536, 542 (29 SE2d 700).
The trial judge did not err in granting the defendant Sutton’s motion for summary judgment.
Judgment affirmed.
Felton, C. J., Bell, P. J., Jordan, Eberhardt and Deen, JJ., concur. Frankum and Panned, JJ., dissent. Quillian, J., not participating.