Smith v. Dauber

The appellant was struck and injured by an automobile owned by the appellee and driven by his wife, and sued the appellee for the damages alleged to have been sustained by her because of such injuries.

When the appellant rested her case, the court excluded her evidence, and directed the jury to return a verdict for the appellee.

The sole question presented for decision is the liability, vel non, of the appellee for the alleged negligence of his wife in driving the automobile.

The appellant’s contentions are that the appellee is liable under the “Family Purpose Doctrine,” and, if not, that a…