Wetter v. Smith

Shoemaker, P. J.,

— This was an action in trespass to recover for damages to an automobile, caused by negligence.

By the fourth paragraph of the statement of claim it was averred: “That said automobile, belonging to the above named defendant, at said time and place, was being operated with the knowledge, consent, approval and sanction of the above-named defendant, by his wife.” No affidavit of defence was filed.

The 13th section of the Practice Act of May 14, 1915, P. L. 483, provides: “In actions of trespass, the averments, in the statement, of the person by whom the act was committed, the…