McNAMEE, Justice.
This is an action brought by Wooten against the administratrix of Robert Russell McGuire to recover damages resulting from an automobile accident. The complaint charges McGuire with negligence. The defendant's answer denies negligence on the part of McGuire and alleges as an affirmative defense the following:
"That at or about the time and place mentioned in plaintiff's complaint, the deceased ROBERT RUSSELL McGUIRE, was in the scope and...
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