TORTS-DUTY TO CONTROL CONDUCT OF ANOTHER-DUTY OF INFANT PASSENGER OWNER TO CONTROL INFANT DRIVER

Plaintiff\u27s decedent, an infant twenty years of age, owned an automobile which was being driven by a lad of seventeen at the request of decedent who, with a girl companion, occupied the rear seat of the automobile. The infant driver did not have a driver\u27s license. Plaintiff, as administratrix of the estate of the decedent brought an action under the Death Act for damages arising from the death of the decedent which occurred as a result of a collision between the automobile and defendant\u27s locomotive. There was evidence bearing upon the defendant\u27s negligence and negligence on the part of the infant driver. The trial court charged the jury that if they found the driver of the car was negligent, such negligence should be imputed to the decedent passenger owner, foreclosing plaintiff\u27s recovery. On appeal, held, affirmed; while the charge to the jury was not literally accurate, it was not error as to the question presented on appeal. Parks v. Pere Marquette Railway Co., 315 Mich. 38, 23 N.W. (2d) 196 (1946)