Gams v. Oberholtzer

This action was brought to recover compensation for damage caused to plaintiff’s automobile, which was struck, while parked, by an automobile driven by one Delbert F.: Keller. Defendant was a passenger in the car driven by Keller, who was not joined as a party defendant. The case was tried to the court, which entered judgment for plaintiff on two'grounds; (1) that defendant had engaged in- a struggle with the driver for possession of a bottle of beer, and that this negligent act was a- proximate cause of the collision; and (2) that defendant was the owner of the car and therefore liable for…