Covington v. Carley

Plaintiff, who is appellee here, brought suit and recovered judgment for personal injuries suffered when an automobile driven by the defendant, Mrs. Covington, left the highway and struck a culvert. It is alleged that the driver of the car was guilty of wanton misconduct in momentarily falling asleep at the wheel. S. B. Carey, father of Mrs. Covington, was joined as a defendant upon the theory of agency.

The injury occurred in Alabama, and the law applicable to the case is found in Alabama Code 1940, Section 95 of Title 36. The statute is as follows: “The owner, operator or person responsible…