Tooke ex rel. Tooke v. Adkins

CULLEN, Commissioner.

At a highway intersection Omer D. Adkins, with his wife as a passenger, drove his automobile into the path of an oncoming automobile owned by Emma Tooke and being driven by her son Winston. In the resulting collision Mrs. Adkins was killed, Mr. Adkins and Winston were injured, and both automobiles were damaged.

The Tookes sued Mr. Adkins. He counterclaimed. The administrator of the estate of Mrs. Adkins intervened and asserted a claim against the Tookes. They in turn amended their complaint to ask contribution or indemnity from Mr. Adkins with respect to any recovery…