Aubel v. Sosso

NOURSE, J.

Plaintiff, a minor, by his guardian

ad litem,

sued for damages for injuries caused by being struck by

[59]

an automobile driven by the defendant Sosso while the plaintiff was walking along a public highway. The defendants Edith Luciani and Sal Carlo were partners* jointly operating a summer resort known as Carlo’s Resort at Agua Caliente. The automobile was owned at the time by the defendant Luciani, who was also the mother of the defendant Sosso, who was a minor. She is sued because of her ownership of the automobile, as well as her interest as a partner with Carlo, in the management of the resort, upon the theory that the automobile was at the time of the accident being used in the operation of that business. The cause was tried before the court, sitting with a jury, and a general verdict in the sum of $1,350’ was returned. From the judgment which followed the defendants have appealed under the. provisions of section 953a of the Code of Civil Procedure.

The injuries occurred while the defendant Sosso, the minor child of the defendant Luciani, was operating the automobile on a public highway of Agua Caliente in company with some of his boy friends on what they frequently termed a “joy ride.” The negligence of this defendant is not questioned and it is unnecessary, therefore, to detail the evidence of the accident. It appears that the defendant Luciani authorized the boy to take the car to carry a guest of their resort to Boyes Springs; that he left the guest at the latter place and returned along the highway and picked up three other hoys about his own age, to wit, fifteen years, for the purpose of taking a ride, as he was to call at a later hour at Boyes Springs in order to return the guest to the defendants’ resort. This part of the evidence is not controverted. It was shown on the part of the plaintiff that in addition to the errand above mentioned the defendant Sosso was directed by the defendant Carlo to procure some bread for the resort and that he was engaged upon this errand as the agent of the partnership at the time the accident occurred. This evidence is controverted by the defendants. Evidence was also offered covering the subject of special damages arising out of the medical treatment necessitated by the accident, which expenses it appears were paid by the father of the plaintiff prior to the trial of the case.