Nelson v. Fairfield

This action was instituted by respondent to recover damages arising out of a collision between an automobile he was driving and one being operated by appellant. In his complaint, respondent named as codefendant the wife of appellant. Appellant alleged he was a single man. No issue was raised in the reply as to marital status, and we shall treat the action as having been brought against the appellant alone. The case was tried before a jury, resulting in a verdict for respondent.

On January 7, 1950, shortly after five o’clock in the morning, respondent was driving an automobile belonging to a…