Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1918-03-17
WHO'S TO BLAME
AND WHO PAYS


when a man is driving his own
motor car ana causes injuries to the
por.nu or property NJ another. the
courts an Brrer that hc II rrapOnslhls
tor the Injuries caused by his neEli.
genoc. 30. too. n a man gives up
his place ~ the steering wheel ana
permits a chauffeur or friend 10
drive lu his stead. under hiA dtroc-
tion uud control. he Ia likewise re
rpuurihlp Tor accidents which occur.
1H the negligence ~ tho person
hpHrn hy him to Rct IN his place
s very properly regarded ss his own
negligence
~ course. n the owner OF car
10 present while a chauffeur In driv-
Ing there is usually not much doubt
hut that tho chauffeur IL acting un-
,ler hia directions and control.
In ono case. however. II was hel1
thar even tho the car was driven by
: chauffeur and ths dSner WAS pges-
ont she wns not responsible for his
negligence THIS decision was ar
rived at hocauac Of the fact that the
husband of the owner Of tho car was
also proscut M the time Of tho &c
cii"nt nud II appeared on the trial
that The chauffeur was emulnvnd rui
paid BY him and not hy his wife.
who owned the motor car
When a friend OF chr owner ls
drlylnr car and the owner h pres
cnt whether or not the latter is
60 hc held responsible for accidents
occurring thru negligence n to be
determined by RHcortaining whother
the car IL being driven on the own
res business or whether or not the
hrlvor car be presumed TO be under
tho control OF tho owner. In one
cnse n conductor was run Into and
Injured while standing on the run
ning-boord of n trolley car. Tho au-
tomobile which struck him was be-
ing operated by friend OF tho
owner NJ tho car and the owner was
sitting alongHido tho person who had
borrowed Il at tho time Of the Rc-
cldent N appsar red that the friend
had called NJ the motorlst's homo
the evening before the accident and
had asked that he he allowed to bor.
row tho cpr tho next day The owner
consented and the next day the
frleud came around TO the motor.
lists home, borrowed the car and
persuaded the motoriat to accom-
pany him ON arriving az the
frlend'a home tho friend Rnd his
guests insisted that the owner OF
the car Eo along lie finally nc-
ceded. with tho result that the in
iured party suod both the mntorlsf
md the friend 90 whom he had
loaned tho car When the case was
dismissed M against tho owner I'm
the trial court the conductor mp
pcaled, but the appellate court like
Wise decided that the owner was not
responsible for the accident.
When a mutor car In driven by
chauffeur employed by the owner of
tho car, and an accident occurs thru
tho chauffeurs negligence while the
owner Is not personally present, the
owner II responsible for Injuries
caused by such negligence only II
the chauffeur can be found 10 have
been acting on the owners business
" tho chauffeur has devlhted from
his employers business To do err
rands for himself. ar to indulge I'm
n Joy ride, the owner la freed from
liability II an accidenLhnppens while
the chauffeur IN thus engaged on
his own personal business or pleas.
ure
SO, too. with friend. II the owner
OF motor car allows friend to use
II Tor his own personal business or
pleasure, the owner II freed from
the consequences OF reckless driving
on tho part OF tho friend. IL the ac-
cident occurs whom tho owner IL not
present or course. II friend Ia
acting on the owners business, then
the owner Ia responsible.
single odd case was decided In
tho courts Of Pennsylvania some
time nro. a motorlst was arrested
and taken off 10 tho police station.
While In the custody OF n police Of
lcsr he asked friend to take his
car to n garage The friend drove
off toward the enraRe, and on tho |
way Injured woman. who sued tho !
motorist ana recovered damages, the !
court holding that the motorist had
put his friend I'm charge ~ the car
and had made him hls agent. and
was responsible for any injuries
caused hv him
Tho courts Of the different statcxI
differ widely IN their decisions .bear-
ing on car owners responsibility |
Tor accidents caused thru the nerlI- |
ENnCo OF a ugD1hpr of tho n..y,.,t /