Zurn v. Whatley

The appellant Marsh claims that (1) as matter of law neither his son nor Whatley was his agent in driving the car and that the court erroneously found (2) that his son was a co-driver with Whatley and as such was negligent.

The appellant Matthes claims that he was not guilty of negligence (3) as matter of law or (4) of fact; (5) that the court should upon his request have submitted to the jury whether Whatley was guilty of gross negligence because the evidence required such submission and if he was so guilty contribution would not lie; and that (6) if he was correctly found guilty of joint…