Coury v. Safe Auto Sales, Inc.

Infant plaintiff was a passenger in a car which crossed over into the opposing lane of traffic and struck another vehicle. Of the two persons in the car, the driver was killed, and infant plaintiff, who had been asleep at the time of the accident, was injured. Infant plaintiff brought suit against the owner of the car, Safe Auto Sales, Inc., and the estate of the deceased driver.

There were two trials. At the first, the only evidence as to the cause of the accident was the testimony of a driver who had been following the car in which the infant plaintiff was a passenger. He testified that the…