Zernott v. Hobbie

On Application for Rehearing.

In their application for rehearing, defendants contend we were in error in affirming a lower court judgment in this tort action against both the husband, as head and master of the community, and against the wife, who was driving the community automobile on a community mission at the time of the accident.

Counsel for defendants is correct in pointing out that the'judgment against both the husband and the wife is inconsistent with the following statement which we inadvertently copied from the lower court opinion but which is an incorrect statement of the law:

“The…