Rape v. Barker

O. E. Rape sued B. B. Barker, seeking to recover damages for personal injuries, alleged to have been the result of a collision, at a road-crossing, between an automobile owned by the defendant but at the time of the collision driven by the defendant’s brother-in-law, and another automobile driven by himself. There was no attack on the petition. A nonsuit was granted.

It is not disputed that the defendant was the owner of the car which was driven by his brother-in-law at the time of the collision with the plaintiff’s car. Neither is it disputed that there might have been proof legally…