O'Neill v. Williams

SPENCE, J.

Plaintiff brought this action to recover damages for personal injuries. Upon a trial by jury she recovered judgment against defendants, from which judgment defendants appeal.

[387]

The undisputed facts having reference to the questions presented on this appeal may be briefly stated. Defendant Carl Williams and defendant Gladys Williams were husband and wife. The automobile involved belonged to the defendant Gladys Williams, having been acquired by her prior to her marriage to the defendant Carl Williams. At the time of the accident defendant Carl Williams was operating said automobile on a personal pleasure trip with the knowledge and permission of his wife. It is conceded that he was not accompanied by his wife and that he was not acting as the agent of or for the purposes of his wife in operating his automobile at the time. Judgment was entered against defendant Carl Williams in the sum of $12,500 and against the defendant Gladys Williams in the sum of $5,000, said last-named sum being the limit of liability herein of said defendant Gladys Williams as owner of the car under the provisions of section 1714]4 of the Civil Code.

The only questions raised on this appeal involve said section 171414- Appellants first contend that said section is ‘1 unconstitutional and void”, but we find no merit in this contention. Under this heading appellants argue that said section violates the provisions of the Fourteenth Amendment to the Constitution of the United States and the provisions of article I, section 11, of the Constitution of this state in that “it does not apply to all owners of motor vehicles” and “it'does not give equal protection to all injured persons”. The only authorities cited by appellants are

Yesler

v.

Washington Harbor Line Commrs.,

146 U. S. 646 [13 Sup. Ct. Rep. 190, 36 L. Ed. 1119], and

Watson

v.

Greeley,

67 Cal. App. 328 [227 Pac. 664], but these eases are not helpful. It has been heretofore held that said section is constitutional .even though it does not apply to all vehicles.