Kelly v. Hanwick

THOMAS, Justice.

The suit was for damages sustained by plaintiff caused by defendant’s automobile, driven by her husband, being overturned, injuring plaintiff who was riding in that car.

At the written request of the plaintiff, the trial court gave the general affirmative instructions in her favor on the question of the agency of the driver of the car — as being that for the defendant. It is insisted, on authority, that the mere relation, or family purpose (alone), is not recognized as creating that agency on which liability may rest — as the relation of master and servant within the rule of…