American Tobacco Co. v. Zoller Ex Rel. Zoller

On the evening of January 13, 1926, a collision occurred between an automobile owned and driven by Hubert L. Zoller, Sr., and in which his wife and infant son, Elizabeth Zoller and Hubert L. Zoller, Jr., respectively, were riding, and an automobile owned by the American Tobacco Company and being driven by W. D. Simpson. Each of the three Zollers brought a separate suit against the Tobacco Company and Simpson to recover damages, the suit of the infant of course being by next friend.

The three cases were tried together before a jury in the circuit court. In the case of Mr. Zoller, Sr., verdict…