Ross v. Burgan

The single, question for decision by this court is whether the Court of Appeals correctly held that the issue of contributory negligence on the part of plaintiff should not have been submitted to the jury, in the absence of evidence showing or tending to show that she herself was negligent.

*214In deciding the matter the Court of Appeals limited its decision to.a factual situation wherein a husband was driving his wife’s car with her as an occupant and there is no evidence indicating the relationship of principal and agent between them. The Court of Appeals conceded that if such relationship were…