Richardson v. Patterson

Opinion by

Mr. Justice Jones,

This is an appeal from a refusal of the court below to take off a compulsory nonsuit entered at trial as to both defendants, a husband and wife. The plaintiff sued to recover damages for injury to himself and to his automobile as a result of a collision with an automobile owned by the husband-defendant but driven by the wife who was accompanied by their two minor children. The husband was not present.

The plaintiff’s theory in joining the husband as a party defendant was that the wife was his agent or servant and was driving the automobile on his business at the…