Penton v. Favors

This is an appeal by defendants from a judgment for personal injuries received by plaintiff while riding in an automobile belonging to defendants who had loaned it to the plaintiff’s husband and which was being driven by him; but the accident was not charged in the complaint to have been due to his negligence or incompetency.

The suit was submitted to the jury on two counts, “B-l” and “C”, virtually the same in legal effect. So far as here material, count B-l alleges that plaintiff’s husband was at that time a purchaser or prospective purchaser of a used automobile from defendants; that…