Elliott v. Lee

GIVENS, Chief Justice.

Appellants, husband and wife, because of marital community, as plaintiffs sued defendants for like reason and on the theory, undisputed, that Mrs. Lee was her husband’s agent in driving his automobile, for an intersection collision alleging Mrs. Lee’s detailed negligence was the proximate cause of the ensuing damage to Mrs. Elliott, which was a fractured third metacarpal bone in her right hand and bodily bruises, and for damages to appellants’ car.

Respondents denied any negligence on the part of Mrs. Lee and affirmatively charged Mrs. Elliott with contributory…