Haigh v. Hill

CONREY, P. J.

In this action plaintiffs recovered judg ment against the defendants in a sum awarded as damages for personal injuries received by Mrs. Haigh resulting from alleged negligence in the operation of an automobile. The appeal is by defendant C. F. Hill alone. He raises no question challenging the amount of the judgment. The only claim presented by appellant is that as to him the judgment should be reversed because the proved facts did not establish any liability on his part for the negligence of his codefendant and because the court erred in a ruling upon evidence relating to facts upon which his liability depends.

The complaint contained no direct statement concerning the ownership of the automobile. It merely alleged that “the defendants and each of them, their servants, agents and employees” operated and ran the automobile in such a careless and negligent manner that it caused the same to collide with Mrs. Haigh, whereby the stated injuries were inflicted upon her. The defendant Ruth Hill is the daughter of appellant, and at the time of the accident, July 14, 1921, her age was twenty-one years. In his answer, appellant denied that at the time and place of the collision “this defendant or his servants or agents or employees, operated or ran an automobile in such a or any careless or negligent manner as to cause same to collide with plaintiff or throw her violently or otherwise or at all to the pavement,” etc. He further pleaded contributory negligence of Mrs. Haigh, and in that connection alleged that the defendant Ruth Hill “was at said time operating her said automobile in a careful and prudent manner,” etc. He further alleged that at said time he was exercising ordinary care, caution, and prudence in the premises, and was then and there a guest of defendant Ruth Hill.

[519]

Counsel for appellant concedes that if ownership of the automobile by appellant C. F. Hill had been alleged in the complaint and not denied, then it would appear

prima facie

that Ruth Hill was his agent; but contends that the obverse of this condition is here presented.

At the time of the accident Ruth Hill was driving the car. The only other persons in the car were Mrs. Hill, who was sitting at the right of Ruth Hill on the front seat of the car, and appellant, who was occupying a place in the rear seat.