Evening star., 1935-05-13

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and sometimes without permission
from his father.
On the evening of the accident the
father left the cab standing in the
driveway of his home with the igni-
ton key in the switch. The son.
without obtaining permission. took
the cab out and struck the fireman
shortly after discharging passenger.
Because the father, as agent OF the
company. had not given his son per-
mission to use the cab that night the
majority of the court held "elemen-
tary rules of agency" barred a suit
by Simon against the company.
Attacking this view of the law,
Justice Hitz said a jury should have
been permitted to decide whether the
son was acting as the agent OF the
company at the time After citing
a number of cases. which he contended
are in support of his views. Justice
HitZ said:
"An automobile is potentially dan
gerous instrumentality as the appall-
ing number of fatalities brought about
every day by its operation bear dis
tressing witness. To drive such an
instrumentality through the public
streets of a city so recklessly as to
endanger property and individuals is
an act of such obvious depravity that
to characterize it as petty offense
would be to shock the general moral
sense.
Held "FIagrantly Unwhipped.'
"Manslaughter by automobile goes
fiagrantly unwhipped of justice, be-
cause II drivers sit on every jury. And
If Judges continued to apply to this
juggernaut the elementary rules of
agency and employment, whieh serve
we'll enough among brokers and book
keepers but have no potency in the
automobile problem, the wide trail of
death and destruction will grow wider.
The motor car is a demonstrated
danger. But its deadly course can be
legally controlled. to an important ex-
tent by two measures, both of which
are now sadly lacking in the District
of Columbia.
First, by the courts. through hold
ing the owner of public automobile
liable for any damage done thereby
except those of thief who has stolen
it in spite of reasonable precaution
by the owner to keep it safe, through
lock and key or otherwise.
And this can be lawfully accom-
plished by application of principles
long ago established to guard not only
persons, but animals, against social
dangers far less potential and all
pervading than the automobile is
today
Secondly, by a system of COM
pulsory insurance preliminary to
license of either cab or driver, such
as prevails in some of our States,
but which can be created here only by
act of Congress
80 Killed Up to April IS.
Between January l and April IS,
1885, 80 persons have been killed b.
automobiles on the public ways of
the District of COLUMBIA, not through
any catastrophe involving many per-
sons, but by the daily crop of casual
ties. resulting from he daily course
of traffic.
"The futile attempt to control this
slaughter by the fundamental rules
of agency should give way to rules
equally Fundamental and well estab-
lished, but more stringent. The prin-
ciples of the common law, by their
inherent vitality and continuing
growth, are competent to cope with
many of the new facts and conditions
of life that develop from year to year
and from generation TO generation as
the complexities of life increase, but
not if the courts decline to employ the
old powers so ready to their hands.
Hundreds of these taxicabs flying
the false colors of an incorporated re-
sponsibility which they assume but
do not possess, and which disappears
at every attempt to enforce it, daily
are dashing about our streets in the
hands of youthful drivers, irresponsi-
BILE. uninsured and driving on specu-
lation.
IT think the obligation Of owner
ship follows the cab and Is not dis
solved when it finds its way into un-
authorized hands through the negli-
pence of the owner or his agent. The
ordinary rules of agency are made
ouate to the situation because the
obligation of the owner is to answer
not only for the agent. but also for the
thing"