Laughnan v. Griffiths

The defendant Lea was not an occupant of either of the two automobiles involved in the collision of January 25, 1952, which resulted in plaintiffs’ injuries. Neither was he the owner of either vehicle. However, in the complaints and affidavits filed in behalf of the plaintiffs it is sought to impute the driver Smith’s negligence to Lea on the ground that Smith at the time of the accident was the employee, agent, or partner of Lea.

Counsel for Lea urges on this appeal that there were no facts presented to the trial court in any of the affidavits filed •in support of, or in opposition to, the…