Smith v. Tatum

This is an action for damages for the death of a father-in-law who was giving his daughter-in-law a driving lesson. It was brought by the administratrix of the father-in-law, as plaintiff, against the daughter-in-law, as defendant. A trial by jury resulted in a verdict and judgment for the defendant. The plaintiff appeals and assigns errors which she says present the following questions:(1) Whether the gross negligence or the simple negligence rule is applicable; (2) whether contributory, negligence of the decedent should have been submitted to the jury; and (3) whether an instruction on…