Gerald York v. Day's, Inc.

The plaintiff sued for damages to his automobile, caused by the negligent operation of a car by a servant of the defendant in the service of his employer. At the time of the collision the plaintiff’s vehicle was operated by his less than eighteen year old son who was upon a personal and not a vicarious mission. At the trial there was testimony sufficient to sustain a jury finding of negligence in the instance of the defendant and of causative contributory negligence upon the part of the plaintiff’s son. At the close of all the evidence the defendant requested this instruction :

“It has been…