Black v. Aultman

I would vote to reverse the trial court on the charge to the jury as set forth in enumerations of error 21 and 22 which are dealt with in Headnote 4 of the majority opinion herein.

This lawsuit proceeded against two defendants, the owner and the driver of the automobile alleged to have caused the injuries. The plaintiff was entitled to a recovery against the driver alone if the evidence showed said defendant-driver committed negligence which was the proximate cause of the injuries; and the jury could have exonerated the owner-defendant through a finding of lack of agency as to the driver.

But…