Jones v. Gardner

Opinion of the Court by

Creal, Commissioner—

Affirming.

Meredith Jones, by his committee, Lilly Jones, instituted this action against John S. Gardner and Letitia Gardner, his wife, seeking to recover damages for personal injuries alleged to have been caused by the negligence ;of John S. Gardner in the operation of an automobile belonging to his wife and which he was operating as her agent and servant. However, when it was made to appear from the deposition of John S. Gardner, taken as if on cross-examination, that he was the owner of the automobile, the petition, upon motion of plaintiff, was…