Cortez v. Martinez

OPINION

MOISE, Justice.

The action is one for wrongful death of plaintiff-appellant’s decedent resulting from the alleged negligent operation of an automobile by defendant-appellee Francis Martinez. It is claimed by plaintiff that defendant-appellee Luis Martinez, father of Francis, was the owner of the car and that, at the time of the accident, it was being ■operated for family purposes. This is ■denied by defendants.

By deposition it was established that Francis Martinez was driving the automobile in question at approximately 45 miles per hour on wet pavement when it ■suddenly swerved, or…