Selles v. Smith

New York bound from a Florida vacation, plaintiff Selles was injured on April 25, 1953, when the automobile in which he was traveling overturned as it was speeding through South Carolina. With him at the time were his wife, who was driving and who was killed in the accident, and defendant Smith, who owned the vehicle. Asserting negligence on the part of his wife in driving, the plaintiff brought suit against the owner of the car and recovered a verdict of $10,000. The Appellate *414Division, however, reversed on the law and dismissed the complaint ; concluding that there was no proof that the…