Kowalsky v. Whipkey

The plaintiffs are wife and husband and sue to recover their respective damages for injuries sustained by Mrs. Kowalsky in a collision of an automobile negligently driven on the public street by one Whipkey with an automobile driven by Mrs. Kowalsky. Causal negligence of Whip-key and injury to the plaintiffs are conceded. The defendant Hansen is the owner of the car driven by Whipkey and recovery is sought against him and his 'insurer under the doctrine of respondeat superior. Whipkey was not served with process, and it is not known where he is. At .the close of the evidence the court…