Haggard v. Frick

NOURSE, P. J.

The cause was tried before the court without a jury. Findings were made favorable to plaintiff and the defendant Frick has appealed from the judgment.

The appellant, who was a resident of the city of Los Angeles, purchased an automobile for the use of his son while the latter was attending Stanford University. The son drove the car from his home to the university and kept it at his fraternity house on the campus. With the son’s permission the defendant Hulen was operating the car on the public highway where a collision occurred resulting in the injuries to plaintiff which are the subject of this litigation. The appellant delivered the ear to his son without direction or restriction as to its use other than the expressed wish that he would not let anyone else drive it. It was given, however, with the intention and understanding that the son should have the exclusive use and control of the car throughout the college year, at a place more than four hundred miles from appellant’s home. The only issue raised on the appeal is the liability of the father under section 1714¼ of the Civil Code.

We will reform appellant’s “Statement of Question Involved” to more nearly accord with the evidence, the change appearing within the parentheses:

“Appellant, the registered owner of an automobile, delivers it to his son for use while attending the university, (without direction or reservation, other than the statement that he ‘would rather he would not let any other

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person drive’ the car). The son without the knowledge of his father permits a college mate to take the car and drive it for pleasure purposes of his own. Through the negligence of the college mate an accident ensues in which plaintiff is injured. Is the father liable under section 1714¼ of the Civil Code?”

The question must be answered in the affirmative under the settled rule that under this section of the code the owner is “liable for the negligence of a person to whom his permittee has entrusted the automobile temporarily”.

(Hughes

v.

Quackenbush,