Owensboro Undertaking & Livery Ass'n v. Henderson

Opinion op the Court by

Judge Clay

— Affirming*.

The appeal is from a $1,655 judgment for personal injuries.

Appellant, Owensboro Undertaking & Livery Association, rents cars to others who drive themselves. About 2:30 o’clock on the afternoon of September 24, 1936, appellant rented one of its cars to James Wallace Wimsatt. While crossing the street that night, appellee was struck and injured by the car then being driven by Wimsatt. A recovery was sought on the ground that the_ collision was due to Wimsatt’s negligence, occasioned by the fact that he was intoxicated, and that appellant at the time…