Weyant v. McCurdy

The original action' was brought against the defendants, Joseph McCurdy, Hobart McCurdy and Earl Jenkins, for damages for the wrongful death of Parker J. Weyant, resulting from an automobile accident. Joseph McCurdy was the owner of the automobile, which was in the charge of his son Hobart McCurdy at the time of the accident, Earl Jenkins being the latter’s guest. Parker J. Weyant was crossing the street on foot.

Upon motion the plaintiff was required to elect whether she would proceed against Joseph Mc-Curdy or against Hobart McCurdy and Earl Jenkins. . The plaintiff elected to proceed…