Kerns v. Lewis

This is an action for damages arising out of an automobile collision which resulted in the death of Gertrude Kerns. It is a companion case to Kerns v. Lewis, 246 Mich. 423, where the facts are stated. Plaintiff sued for loss of services of his wife and expense in caring for her.

At the time of the accident, defendant’s car was driven by Walter Pentkowski, brother of John. It had been loaned to John by George Clinton, an employee of defendant. The important question is whether Clinton had authority to loan the car so that when the accident occurred it was being driven with defendant’s “implied…