Carney v. Carney

CRUMLISH, J.,

Plaintiff brought suit against defendant for the recovery 'of damages suffered as a result of defendant’s negligence. She alleges that while she was a passenger in an automobile owned and operated by defendant, he carelessly and negligently ran off the paved highway and overturned at a point west of Cayuga, Province of Ontario, Canada. Defendant filed an affidavit of defense admitting ownership and denying agency, and under the heading of new matter set up the Revised, Statutes of Ontario, 1937, chap. 288, sec. 47(2), which provides as follows:

“Notwithstanding the provisions of…