Vanderah v. Olah

(dissenting). This case should be reversed and remanded for a new trial because the trial court did not properly instruct the jury.

Plaintiff requested that the jury be instructed:

“9. Now, Members of the jury, as has been shown by the testimony, Plaintiff, Doris M. Vanderah was a passenger in an automobile operated by her husband. There has been some testimony that her husband was negligent in the operation of his automobile. In that regard, our law is very clear. I charge you that any negligence on the part of Doris M. Vanderah’s driver, cannot and must not be imputed *662to Doris M. Vanderah,…