Emerson v. Western Seed & Irrigation Co.

Rait, District Judge.

On rehearing of an affirmance, entered without opinion, of an appeal from dismissal by trial court following order sustaining demurrer to petition.

The petition states that the plaintiff was injured through the negligent, driving by her husband of an automobile; that the automobile was the property of the defendant and was being operated in the conduct of its business by her husband as an employee and agent of defendant, and that defendant knew that she was accompanying her husband and consented thereto.

The question presented is whether an employer is liable to the wife,…