Ross v. British Yukon Navigation Co., Ltd. Ross v. British Yukon Navigation Co., Ltd

Two separate actions were brought by appellants, plaintiffs below, against appellee to recover damages for personal injuries and for damage to property resulting from a collision which occurred on the Alcan Highway, Yukon Territory, Dominion of Canada, between a tanker truck owned by appellee and alleged to have been driven negligently by its agent, Balfour Keenan, and an automobile driven by appellant Herman H. Ross, in which appellant Martha Cornelia Ross, his wife, was riding. Appellee cross-claimed against Herman H. Ross for damage to the truck. In addition to charging Mr. Ross with negligence, appellee alleged that Mrs. Ross was guilty of contributory negligence in that she was aware of the negligent driving by her husband, consented thereto, and failed to caution him to desist. The cases were consolidated for trial and tried to a jury. From a judgment entered upon a verdict against Mr. and Mrs. Ross upon their complaints, this appeal was taken. The jury found against Appellee upon its cross-claim.

The one serious question on this appeal relates to the finding of negligence on the part of Mrs. Ross.

The generally accepted rule is that the negligence of the husband is not to…