Whipkey v. Ashbaugh

Herman L. Whipkey, appellee, recovered a judgment against Ed Ashbaugh, appellant, in the circuit court of Lawrence county, in the sum of $1,400 for personal injuries sustained by him," occasioned through the operation and driving of an automobile of appellant, by Stella Ashbaugh, his wife, and from which judgment appellant prosecutes this appeal.

The declaration consisted of three counts, each of which averred the management, operation and control of appellant’s car by Stella Ashbaugh, wife of appellant, with his knowledge and consent, and as agent of appellant.

The first count charged general…