Secured Finance Co. v. Chicago, Rock Island & Pacific Railway Co.

— I. One Jacob Hutt, plaintiff’s assignor, was tbe owner of a certain Star touring car, and on tbe 30th day of September, 1925, he loaned said automobile to one Thomas, who took possession of the same, and while driving said car, on business of his own, he had a collision with one of the freight trains of the defendant. Hutt’s claim for damages resulting therefrom being assigned to the plaintiff, it brought action thereon, asking damages in the sum of $750.

The defendant answered, and among other things pleaded that the ear was being driven by Thomas with the express consent and permission of…