Morgan County v. Payne

The question presented by the demurrer to the several special pleas is whether or not the contributory negligence of Thomason, who was driving plaintiff’s car at the time of its collision with defendant’s train, is imputable to plaintiff, as owner, without any. allegation in the complaint or the pleas of any relation between plaintiff and Thomason from which such an imputation would legally result.

The only implication arising from the allegations of the complaint is that Thomason had the custody of the truck. At most, therefore, it inferentially appears that Thomason was a bailee, and that…