McCaughey v. Smiddy

The complaint alleged that the defendant “through his agent and representative,” drove his automobile negligently, thereby injuring the plaintiff. On the trial the plaintiff introduced evidence to the effect that for several months previous to the date of the injury the defendant’s son, who was operating the automobile at the time, had frequently driven the car, sometimes with his father, but often either alone or with other persons. This evidence was not objected to as not within the allegations of the complaint, but the defendant now assigns as error that portion of the. charge which…