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Keywords

plaintiffdefendantdamagesnegligencetrial
plaintiffdamagesnegligencetrial

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Stevens v. Luther, 105 Neb. 184, 180 N.W. 87

Facts

Daisy M. Stevens was involved in an automobile collision while riding with her husband and infant child in their Ford car. The accident occurred at the intersection of Eighteenth and L streets in Lincoln, Nebraska, when their vehicle was struck by an Overland car driven by Margaret Luther, the daughter of the defendant Peter P. Luther. The collision resulted in significant damage to the Ford and caused the plaintiff to be thrown from the vehicle, leading to painful and permanent injuries.

Daisy M. Stevens was involved in an automobile collision while riding with her husband and infant child in their Ford car.

Issue

The main legal issue was whether the negligence of the plaintiff's husband in driving the car could be imputed to the plaintiff, who was a passenger.

The main legal issue was whether the negligence of the plaintiff's husband in driving the car could be imputed to the plaintiff, who was a passenger.

Rule

The court held that negligence on the part of a husband in driving an automobile cannot be imputed to his wife unless they are engaged in an enterprise that gives the wife the power and duty to direct or assist in the operation of the car.

The court held that negligence on the part of a husband in driving an automobile cannot be imputed to his wife unless they are engaged in an enterprise that gives the wife the power and duty to direct or assist in the operation of the car.

Analysis

The court applied the rule of imputed negligence by determining that the plaintiff was a mere passenger in the vehicle driven by her husband, who had full control over the car. The court noted that the plaintiff had no power to direct or assist in the operation of the vehicle, and therefore, her husband's negligence could not affect her right to recover damages for her injuries.

The court applied the rule of imputed negligence by determining that the plaintiff was a mere passenger in the vehicle driven by her husband, who had full control over the car.

Conclusion

The court affirmed the judgment in favor of the plaintiff, concluding that there was no error in the trial court's instructions regarding imputed negligence and that the evidence supported the jury's findings.

The court affirmed the judgment in favor of the plaintiff, concluding that there was no error in the trial court's instructions regarding imputed negligence and that the evidence supported the jury's findings.

Who won?

Daisy M. Stevens prevailed in the case, as the court found that her husband's negligence could not be imputed to her, allowing her to recover damages for her injuries.

Daisy M. Stevens prevailed in the case, as the court found that her husband's negligence could not be imputed to her, allowing her to recover damages for her injuries.

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