Evening star. [volume] (Washington, D.C.) 1854-1972, 1955-03-17
Appeals Court Rules
Jury Must Decide
Negligence Suit
By Howard [. Dutkin

The United States Court Of
Appeals for the District of Co
lumbia today ruled that a jury
should decide if a car owner
was negligent in entrusting keys
to his cars to an employe ap-
parently incompetent to drive.
The courts ruling reinstated
a 100000 damage suit against
j. Spencer Love, president of
the Burlington Mills, Green's
boro, N. c., and a former mem
Der Of the Board Of Directors Of
the American Security & Trust
Co. Mr.. Love formerly lived at
5000 Ellicott street NV.
Plaintiff in the action is
Sheila I. Boland, 13-year-old coll
ored girl of near Ashland, Va.
The girl lost a leg at Clifton
Forge, Va, when a car driven
by Mr.. Loves gardener, and
taken without Mr.. Loves per-
mission, struck her. The opin-
ion reversed a lower court de-
cree granting a directed verdict
in favor of Mr.. Love.
.Parolee Drove Car
Driver of the car was James
Coates, colored, a parolee who
had been serving a prison SEN
tence for theft. After comforting
with parole authorities, he was
hired at the Love residence as
a gardener.
Among his duties, when the
Love family was home, was that
of driving the automobiles to the
front door. When no member of
the family was home, he was
only supposed to start the cars
to keep the batteries charged.
Keys were made available to
Coates so he could perform his
duties. On the day of the acci-
dent. with Mr.. Love out Of town,
his secretary, Joseph Hamilton,
was left in charge. According to
the opinion, Mr.. Hamilton left
the house and Coates was then
not subject to any supervision.
Court Opinion Split
In its split 2 to opinion, the
court stated:
1--WE do not and will not say
that an employer at his peril
hires one known to have been a
thief. We would wish to see
paroled former convicts rehabil-
itated and receive encourage
ment in their efforts to achieve
that status"
The most important element,
the court stated, was the offer
of proof that Coates was un-
trustworthy and was known by
Love and Hamilton to be so.
They knew he had no drivers
license, from which it might be
inferred that he was incompe-
tent, unqualified for and unable
to get one yet Hamilton
made the keys available to
an untrustworthy, incompetent
gardener, abandoned all super
vision and control and went
away for the day :"
Negligence Is Issue
The court posed the question:
I'm any event, it is not pos
sible, without our deciding, that |
the conduct of the owner or
Hamilton in doing what was
done, as we'll as failing to do
what he could have done was
negligent"
The opinion declared that cit
was for the jury to decide
whether or not. ). j. Spencer
Love preached that duty to the
plaintiff and whether or not the
consequences might reasonably
have been anticipated"
The majority opinion was
written by Judge John Danaher
and concurred in by Judge David
L. Bazelon.
In dissent. Judge Walter M. |
Bastian stated that there was
no evidence the car legally had
been intrusted to Coates. 1.-THE
car was driven off the premises
:. by a thief" Judge Bastian
said.
Local attorneys on the appeal
for the Boland girl were Warren
E. Miller and John P. Labofish. |
Attorneys j. Harry Welch, H.
Mason WEIGH and John r. Daily
represented Mr.. Love.