Southern Railway Company v. Butts

We have granted certiorari to review the action of the Court of Appeals in remanding this case for a new trial instead of dismissing the same as contended for by the plaintiff in error.

The principal question involved before that court was whether the doctrine of imputed negligence applies to bar the action of the defendant in error for the negligence of his wife in driving his station wagon in which he was riding upon defendant’s tracks where it was struck by one of its trains.

On the date of the accident at the end of her day of employment, Mrs. Bntts drove her husband’s station wagon to…