Bowerman v. Sheehan

The question presented in Hawkins v. Ermatinger, 211 Mich. 578, is again before us. In that case the judgment of the trial court, based on a holding that, under section 4825, 1 Comp. Laws 1915, recovery might be had against the owner of a motor vehicle, when negligently driven by an immediate member of his family, was affirmed by an equal division of this court. The law is again attacked as unconstitutional.

When such a claim is made, what is the test to be applied by a court? This question received thoughtful consideration in the early case of Sears v. Cottrell, 5 Mich. 251. That decision has…