Wieczorek v. Merskin

Plaintiff’s guardian in her declaration alleged that Prances Merskin, the owner, and Clarence Plotkowski, her brother, the driver of an automobile, defendants herein, were guilty of “gross and/or wilful and/or wanton negligence” in the operation of. an automobile, resulting in serious injuries to plaintiff’s ward, a pedestrian. No claim is made that defendant Merskin was responsible in any manner except that as owner of the car she was liable for injury under 1 Comp. Laws 1929, § 4648 (Stat. Ann. § 9.1446), which reads as follows:

‘ ‘ The owner of a motor vehicle shall be liable for any injury…