Middletown Trust Co. v. Bregman

An automobile operated by the named defendant and owned by the defendant Metzger struck and killed the plaintiff’s decedent, Antonio Scirpo, and seriously injured the plaintiff Ruffino. The two actions were tried together, and the defendant Metzger appeals from the judgment against him in each case.

In the Middletown Trust Company case the complaint alleged that the automobile owned by Metzger was a family car and was being operated by Bregman with general authority to drive it. The trial court found that the plaintiff had failed to establish that the car was a family car with general…