Gilbert v. Walker

BLACKBIRD, Justice.

This action arose out of a collision between a Chevrolet Sedan, driven by defendant in error, and a Ford Sedan, driven by one Ira Elliott Fowler and owned by plaintiff in error. When defendant in error instituted this action as plaintiff to recover damages for personal injuries she allegedly received in the collision, she named both Fowler and plaintiff in error as defendants, but service on Fowler was never obtained, and the case went to trial with plaintiff in error the only defendant. ■ Ou'r further use of the latter term will accordingly refer only to the Ford owner.

In…