Gulzoni v. Tyler

Sharpstein, J. The court erred in sustaining objections to the introduction of evidence by the defendants to prove that, at the time when the plaintiff received the injuries complained of, the defendants were not managing, controlling, or running the steamer on which the plaintiff Avas injured, but that the same Avas run, managed, and controlled by the “California Steam Navigation Company.” Such evidence Avas relevant to a material issue in the case. The plaintiff alleged that said steamer was employed by the defendants in carrying passengers, etc., and that said “ defendants so negligently and unsldllfully conducted themselves in the management of the said boat, and through the negligence and unskillfulness of themselves and their servants, the plaintiff Avas injured.” This and all other allegations of the complaint Avere denied by the defendants in their ansAver, and any evidence havúng a tendency to prove that they did not employ said steamer in carrying passengers, nor at " the time Avhen the plaintiff received his injuries, haAre the management or control of it, but that the same Avas employed at that time in carrying passengers, and Avas managed and controlled by another person or corporation Avas clearly admissible.

The ground upon AA'hich respondent’s counsel claims that these rulings Avere correct, is that the boat Avas registered as belonging to the defendants, and although not conclusive, it Avas prima facie evidence that they AArere and continued to be her OAvners, until it was shown that they had ceased to be, and that [336]the defendants made no attempt to prove a change of ownership ; and that nothing short of this could relieve them of liability for damages caused by the negligence of those who run, managed, and controlled the boat.

The rule as stated in Shearman and Redfield on Negligence (§ 501) is that if the owner of property lets or lends it, and transfers the entire possession and control of it to another, the owner is not responsible for the wrongful use or mismanagement of it by the transferee. Whoever had the exclusive possession, management, and control of the boat, its officers and men, was alone responsible for its mismanagement. And whether rightfully or wrongfully in such possession, the liability would rest on them alone. Under the rule respondeat superior this must be so.

If the defendants were owners of the boat, but had not the possession, control, or management of it themselves, or by their agents, servants, or employees, they cannot be held responsible for the negligence or mismanagement of whoever had the exclusive possession, control, and management of it.