Davidson v. Ealey

PEEK, J. The plaintiffs are the surviving wife and daughter, respectively, of W. W. Davidson, who was killed as the result of a collision on January 5, 1941, between the automobile he was driving and an automobile owned by the defendant, Tom Ealey, which was then being driven by one Nelson. By stipulation of counsel at the time of the trial it was agreed that as a result of the negligence of Nelson, Davidson was killed, and that if defendant Ealey was found to be liable, any damage suffered by the plaintiffs would exceed the statutory amount of $5,000 as provided in section 402 of the Vehicle Code. The judgment of the trial court was in favor of plaintiffs and against Ealey alone. From said judgment he has appealed.

Ealey resided at 1651 Essex Street in the city of Los Angeles. Nancy Walker, who is also referred to in the transcript as Maude Walker, Patsy Palmer, and Asabel Williams resided at the address. The two girls were desirous of visiting one Sadie Williams, a mutual friend who lived in Stockton. Ealey testified that Nancy, Patsy and Asabel asked him to loan them his car, to which he agreed, with the provision that Asabel, whom he had known for some time and knew to be a careful driver, would drive the car. He further stated he told them they were to be back in Los Angeles not later than January 4th.

Nancy first testified the car was loaned to her provided she could furnish a driver. Later she testified that Ealey would not lend her the ear but that he would lend it to Asabel. She finally testified that she asked Asabel “to carry me to Stockton,” to which he agreed as he had never seen that part of the state; that they then all got together and asked Ealey if he would lend Asabel the car; that Ealey told them he would, provided they went only to Stockton and brought the car safely back to Los Angeles. The party left Los Angeles on December 27th, arriving in Stockton the following morning, where they stayed until the day before the accident.

On that day a party developed and included in it were the two girls, Asabel, a “Miss Lindy” from San Francisco, and James P. Nelson, who was identified as the driver for one Madeline Jackson, at whose home the party was held. In the words of Nancy, “There was just a party of us there drinking and we all decided to carry Miss Lindy home, because her time was.up and she was ready to go home.” From the deposition of Nelson, which was read into the record, it is disclosed [257]that he was requested to drive the car by the woman whom he understood to be Mrs. Ealey, the owner of the car, and who told him she would pay him for driving them to San Francisco. The person so named by Nelson is the Nancy Walker previously referred to herein. The record does not disclose what happened to Asabel.