Bloyd v. Senn

PEEK, J.

This is an appeal by John Gronau from a judgment of the court finding him liable under the provisions of Vehicle Code, section 402, as having impliedly consented to the operation of his automobile by his codefendant Floyd Senn. Defendant Senn defaulted, and the trial proceeded against appellant alone. The sole question on appeal is whether the evidence, or any inference reasonably drawn therefrom, supports the finding that Senn was driving the Gronau automobile within the meaning of said section 402.

The Gronau and Senn families had been friends for some time. Between the hours of 3 and 5 o’clock on the afternoon of October 5, 1947, they met at the Mendocino County Fair at Boonville. From that time until approximately 11 o’clock that evening Mr. and Mrs. Gronau and Mr. and Mrs. Senn spent most of their time in taverns at Boonville. During this time the Gronau children, aged 2, 9, 12, and 15, were left to roam the fair by themselves. When the four adults finally decided to leave they were all intoxicated. Meanwhile the children had returned and were in the Gronau car. Shortly after Mr. Gronau left in Senn’s automobile with Mrs. Senn driving, Senn and Mrs. Gronau left in the Gronau automobile. Within a few minutes the Gronau car was involved in a collision, caused solely by the negligent operation of the Gronau ear. As a result both plaintiffs were injured.

One Maurice Parish testified that he was traveling a short distance behind plaintiff’s truck and that he came upon the scene of the accident immediately thereafter. He went to the Gronau car where he found Senn slumped over the steering wheel unconscious, and Mrs. Gronau, also unconscious, was on the floor underneath the dashboard and on top of her 2-year-old baby.

[599]

Officer Ingram of the highway patrol testified that while Senn was at the home of a doctor in Cloverdale he arrested him for violation of section 501 of the Vehicle Code on a complaint made by John Gronau. The officer further testified that a short time thereafter defendant stated to him that Mrs. Gronau was driving at the time of the accident. However, the next morning, while on their way to the justice court in Boon-ville, where he pleaded guilty to the crime charged and paid a fine of $300, Senn admitted to the officer that he was driving the car.