Rost v. Kessler

On April 22, 1942, about 7:45 p. m. the defendant and the plaintiff’s intestate were traveling in an automobile owned by the defendant on Lake Road, Ontario, N. T. The car left the highway and collided with a tree. As a result of the collision, the plaintiff’s intestate sustained a broken neck from which he died almost instantly. The plaintiff has recovered a judgment against the defendant for damages and costs in the amount of $9,538, From that judgment the defendant has appealed.

The crucial question litigated on the trial was as to who was driving the automobile at' the time of the…