Logan v. Serpa

GRIFFIN, J.

Plaintiff and appellant Leslie B. Logan and his wife Doris, brought this action against defendants and respondents Mrs. John C. Serpa and her daughter Alice Serpa, for damages arising out of an automobile collision.

The complaint alleges that on October 7, 1945, defendant Alice Serpa, aged 24, was driving a Chevrolet belonging to her mother and with her consent, and while so driving was acting for her mother as servant and agent. Defendants denied the allegations and set up a cross-complaint seeking damages against plaintiffs. The trial court, sitting without a jury, granted plaintiff Leslie B. Logan $8,483.30 and Doris Logan $3,500, as a judgment against Alice Serpa and denied defendants the relief sought by the cross-complaint. It found that the Chevrolet, driven by defendant Alice Serpa, was, at the time of the accident, registered in the Department of Motor Vehicles under the name of J. C. Serpa, her deceased father, as legal owner; that there was no relationship of principal and agent, or joint adventurers between the mother and daughter. In one paragraph of the judgment the court specifically ordered “that judgment be entered in favor of defendant Mrs. John C. Serpa.”

Plaintiffs appeal only from this quoted portion of the judgment, and contend that there is not sufficient evidence to warrant (1) a finding that she was not the owner of the Chevrolet at the time of the accident; and (2) the finding that there did not exist the relationship of master and servant, principal and agent, or joint adventurers between them.

As to the first contention the evidence shows that the Chevrolet, previous to the accident, was registered in the name of J. C. Serpa; that he passed away on August 24, 1945, 44 days prior to the accident; that the father died without executing a will and no steps had been taken toward the ad

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ministration of the estate. The heirs were his wife, Alice, and two other daughters. The showing was that the property of the estate was community property. The pink slip was kept by the deceased in his safe deposit box to which Alice had access. Two days after the accident Alice sold the automobile "and she signed her father’s name to the pink slip without any power of attorney from him. She claimed that she had authority to open the safe deposit box which was, immediately after his death, changed to the name of her mother. She also claimed that she was living with her father and mother on the ranch and that prior to his death no other member of the family drove the automobile except her and her father. She testified that a few weeks before his death the father told her that she could have the Chevrolet car “if she came to take care of him. ’ ’ Her testimony in reference to the claimed gift of the Chevrolet car was corroborated by her mother and another witness. It was used on and about the ranch and gasoline for its use was taken from the family pump located on the ranch. During the father’s illness Alice used the Chevrolet in and about the ranch and drove her mother to the hospital to visit her father each day.