Chantry v. Pettit Motor Co.

(dissenting) : For convenience I will address my observations to the case first above stated ; they will apply as well to the second.

The elements essential to establish the plaintiff’s cause of action were:

1. That the car which collided with the car in which the plaintiff was riding belonged to the defendant Pettit Motor Company.

2. That the driver of the colliding car was an agent of the defendant company, acting at the time in the course of his employment.

3. That the collision was caused by the wrongful act of such agent.

4. Injury and consequent damages.

The plaintiff recognized the…