Bains Motor Co. v. Le Croy

McCLELLAN, j.

Grady Le Croy, a minor suing by next friend, was struck and injured by an automobile then driven by Brice Bains. When injured, the child was walking in a public highway, following its mother. Count 1 of the complaint made parties defendant A. L., A. S., B. M., and W. T. B'ains, “partners in trade doing business under the firm name and style of Bains Motor Company.” Brice Bains, the driver, was not sued. Under the allegations of counts 1 and A the liability asserted was predicated of the averment that the car’s driver was the agent of all of the defendants jointly. Upon the…