Durel v. Flach

This case results from an intersectional collision. Plaintiff sues for damages to his automobile and personal injuries to himself, and defendant reconvenes for damages to his car.

When the case was argued before us, defendant’s counsel called our attention to the fact that the automobile of defendant at the. time of the accident was being driven by the wife of defendant upon a pleasure trip and that defendant was not present. He argues that this circumstance relieves defendant from liability. Defendant’s counsel asserts, and it is conceded, that .this point was not made in defendant’s answer…