Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1920-11-10
LEGAL POINTS FOR
AUTOMOBILE OWNER
KENTUCKY COURT DISCUSSES
LIABILITY OF MoToRlsT
WHEN SON DRIVES CAR.
TEXAS CASE IN WHICH
FEDERAL LAW APPLIES
Supreme Court Of Nebraska Holds
Negligence Of Other Party to Acct
dent Must Be Shown Before Auto
lists Guest Can Recover-Other
Court Rulings.

Court Rulings.
| In case just decided in Kentucky
the court of appeals deals with the
| question of the liability OF the parent
for the negligence OF his minor son in
driving an automobile In this case
the evidence showed that the owner
Of car loaned the machine to a 10
year-old boy. The latter was driving
1t, with his father and mother as
guests, and during the trip he negli-
gently collided with a horse drawn
vehicle. For the damage thus done
to the rig the owner sued the boys
father In deciding that the father
| was not legally responsible the court
said:
'"The facts do not bring this case
within the recently announced auto
mobile family doctrine which makes
the parent liable for injury done by
ctr on a highway when driven by
the minor child OF the owner, on the
theory that the car is being used by
the Ichild with the direction OF the
parent or with his consent and for
the purpose for which the car was
intended when purchased, and there
fore the child is the agent of the par
ert In the operation OF the car. II the
owner had left the car In charge of
the father. instead OF the son. and
the father had directed his son to
~, a
jury, the father would have been
liable even tho the car was driven by
the son. The son, according to the
evidence, had the custody and con-
troll Of the car independent OF his
father and If he were guilty of neg
liEence. resulting in injury to another.
the father was not liable. even tho
the son could be made to respond in
damages"
Where Federal Law Applied.
The federal Jaw governing the right
OF an employee to damages for in4
juries received by him in the course
of his employment is much more lib
er;il than the laws OF many of the
states. frequently the question
whether he can recover damages at
all depends solely upon whether he
can bring his case within the provi-
sicns of the federal law. SO circum-
scribed is the protection afforded by
many state laws. This was the issue
ina recent Texas case. This pertinent
federal law involved in this case au-
thorized the recovery of damages II
thu, employee was engaged In Inter-
state commerce at the time of the
accident. The employee was a truck
er. He was engaged In unloading
bundles of paper from a truck at
Hugo, Okla. This paper was part OF
a shipment from Paris, Tex, and the
trucker was employed by the rail-
road company to make deliveries from
| the cars to the consignees Upon this
state OF facts the work Of the en-
ployee was held by the supreme court
to be interstate commerce" within
the meaning of the law.
Negligence Must Be Shown.
The supreme court OF Nebraska had
occasion recently to apply the estab
liShed principle that one injured in an
automobile accident cannot obtain
damages without showing some act of
negligence on the part of the other
party to the accident. In this case a
guest riding in his hosts car was in
jured when Che machine was struck
by a street car which was being
backed out Of Y. The evidence
showed that the driver Of the auto
mobile had ample opportunity to see
the movement Of the street car in
time to avoid the accident. Thus
there was no act Of negligence on the
part of the street car company that
could be said to have been the cause
the accident. For this reason the in
jured guest was denied damages. =
As to Intersections.
A side street which dehouches into
another street is not IAN intersecing
highway or curve or corner," within
the meaning of an ordinance which
requires motorists to slow down and
preaching such places. This ruling
was made in a recent Missouri case.
Employer Not Liable.
| An employer who supplies his
statesmen with an automobile for use
| In the performance of his duties is
not responsible for the negligent
opera ton of the car when the sales
man is using it for his own purpose.
| In a recent California case the sales
man OF an oil company was supplied
with car. The company paid for al
| gasolene and other supplies and per-
| mitted the salesman to keep the
| machine in his own garage and to
drive it for his personal use after
working hours. Thru carless driving
he injured pedestrian when he was
! using the car at night to keep a So
cial engagement. The court decided
that the oil company could not be
required to pay damages to the in
I iured pedestrian.-New York Herold