Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-08-29

CONTINUED from Fifth Pagel
upon the motorist than upon the pc
destrian."
Defective Condition of AutOE:o-
biles.-"Nhen an automobile Is not
kept in reasonably good mechanical
condition and an accident occurs. due
for example. To defective brakes, the
notoriSt is liza BILE for any damage, I'M
less the injured was cOntrlDutoflIN
negligent
Automobiles Owned by MuniclpaiI-
ties.-"W hen an automobile owned 10y
q municipal corpora ton is being opef-
ated in the exercise of a public func-
tion the municipality is ordinarily not
liable for its negligent operation.
When such an automobile Is being
used in the performance or a private
corporate function the city may he
held liable for the negligence of the
driver. Thus "A city has been held not
liable for negligence in the operation
of an ambulance used in connection
with a public hospital or IN the opef.
alton Of automobiles in its hre ana
police system. whereas city mas been
held liable for negligence in the oper-
alton of a car in the maintenance Oh
municipal lighting systemI
Cars Driven by ChauffeurS. An an-
tonohile owner is Responsible for the
conduct of his chauffeur While per
forming the business of the owner
I>etvepn the owner of the automoDlle
and his chauffeur. while the latter -
engaged in the owners business inc
rela ton of master and servant EXISTS
and the rules of law applicable 10
that relation apply.
The Guest Hazard. As a rule an
automobile owner is liable for nesH-
gence resulting in injuries 10 a guest
while an occupant of his cay. There
are exceptions to this general RUE.
An automobile owner or driver may
he relieved of liability on account of
an injury 10 a Euest when the guest
is guilty of contrihutory negligence.
If n driver is operating car III
reckless or dangerous manner, ana
the guest having time ana opportu'
nity for protest makes none, he mas
no recovery against the driver. rms
failure to act is construed as con-
trihutory negligence. Ordinarily a
messenger III an automobile has no
control over it's operation and is not
liable for the drivers negligence, but
a passenger who participates in the
active Management of the ear may he
liable for the negligent conduct of
the driver.
The Family Car. An automobile
owner is not ordinarily liable for the
negligent operation of his car by d
member of his family merely because
of the family relationship The liza
bility arises when the car is being
driven for the owners purposes or
those of his family. and is usually
based upon an extension of the doc
trine of agency Thus il has been
held that father was not liable for
the negligent driving of his son when
the son was on his own personal
rather than family business. On the
other hand. an owner of an automo-
bile was held liable in case where his
daughter injured a pedestrian While
driving her fathers automobile 10 gei
q pair of her shoes.
Defective Highways.-''The owner
or driver of an automobile. in the alb
sence Of plain indications 20 the con
trary. has the right Ia assume the
safety of the highway for driving
purposes Liability for accidents
caused by defects depends largely
upon the motorists knowledge. or OPP
portunity of knowledge of the exist
ence of such defects"
Liability When Car Is Loaded. I'm
the absence of a specific statute. when
an automobile owner loans his car 10
another person and the borrower uses
the car for his own purposes the own
er is not liable. II has beer held mat
an owner is liable VIXEN he knowingly
lends his car TO an incompetent per
son and that person Injuries some one
by negligent driving. The owner here
IS negligent in lending hiss car to this
type OF RrfSon."