Parker v. McCartney

Plaintiff and his wife were the “co-owners” of an automobile. Plaintiff was injured in a collision between the Parker car and defendant McCartney’s car at a time when Mrs. Parker was driving. This action ensued in which defendant claimed that ownership on the part of plaintiff is sufficient to impute his wife’s negligence to him. The trial court refused to instruct in accordance with defendant’s theory; plaintiff recovered a verdict and defendant appeals. The sole issue, as stated by appellant, is “whether or not the negligence of a co-owner driver will be imputed as a matter of law to a…