Austin v. Smith

The sole question presented by the writ of error is whether the plaintiff’s petition, when construed most strongly against her as must be done when considering a general demurrer, alleged a cause of action against the defendants James Smith, the driver of the automobile, and Mrs. Annie D. Croker, the owner of the automobile. It was alleged that the automobile being driven by Smith was a “family-purpose” automobile so as to hold Mrs. Croker liable for the negligence of Smith.

In order to set forth a cause of action against these defendants, inasmuch as it is alleged that the deceased was a…