Urquhart v. McEvoy

This action is brought by plaintiff to recover damages for the death of her husband caused by an accident while the decedent was riding in an automobile owned by him but alleged to have been operated at the time of the accident by the defendant. The action is based on the alleged negligence of the defendant operator in causing the said automobile to leave the highway, overturn, and cause the death of decedent.

The motion of the defendant to dismiss the complaint is based on the proposition that the negligence, if any, of the defendant operator is imputed to the decedent, owner of the vehicle,…