Ries v. Cartwright

There is no evidence in this case from which it may be inferred that the driver was driving as agent for the plaintiff. The fact that plaintiff had an (unexpressed) intention to pay for the “gas, eats and rooms” would not give him any right to designate' the driver or control the movements of the car, and plaintiff had made no effort to do either.

It was Cartwright who decided to make the trip to Enid and it was Cartwright who designated Keim as the driver.

The negligence of the driver of an automobile can only be imputed to a passenger therein when there is some evidence that the driver…