Heath v. Joyce

The main issue in this case is whether there was sufficient evidence upon which to submit to the jury the issue of whether plaintiff’s husband in the operation of his own automobile in which she was a passenger was acting as her agent' so that his fault would bar her recovery from the defendant.

The accident which gave rise to this and other actions occurred on May 1, 1968. Plaintiff was in need of special shoes which she could not obtain in Meredith where she lived. She asked her husband, Orion, to drive her to Franklin to get the shoes. Orion drove her to Franklin in a car which he owned.…