[Download] "Tinker v. Hobbs" by Arizona Supreme Court * eBook PDF Kindle ePub Free

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eBook details

• Title: Tinker v. Hobbs
• Author : Arizona Supreme Court
• Release Date : January 13, 1956
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

Appellant was injured in 1952 when the family car, being driven by his wife, Love Tinker, collided with defendants automobile. In March, 1953 Ralph Tinker filed this action in his individual name. In June, 1953 Love Tinker instituted a divorce action against Ralph Tinker, which resulted in a decree of divorce on August 18 of that same year. The case at bar came to trial on July 6, 1954. Prior to the trial defendant moved to add Love Tinker as an additional party plaintiff on the grounds that she was Tinkers wife at the time of the accident; that by the decree of divorce she had been awarded a twenty-five per cent interest in the net recovery, if any; and therefore, she was an indispensable or necessary party to the action. This motion was granted by the trial court and Love Tinker became an involuntary party plaintiff. At the trial defendant presented evidence that Love Tinker had been guilty of contributory negligence. The trial court instructed the jury that if they should find as a fact that Love Tinker had been negligent, and that such negligence contributed to the accident, then such contributory negligence was imputable to the plaintiff Ralph Tinker and would preclude any recovery by him. Appellant contends that this instruction was erroneous. All of his assignments of error are directed at that conclusion.

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