Dixon v. Phillips

Evans, Judge.

The owner of a family purpose automobile allowed his minor son, a member of his household, to drive the car. The son permitted another to drive, and a collision occurred. The father testified by affidavit on summary judgment that he had expressly forbidden his son to allow any other person to drive the car.

The lower court holds that notwithstanding the son was present in the automobile, retaining control and direction over it, the defendant owner’s motion for summary judgment should have been granted, and plaintiff appeals. Held:

The question here is not what instructions the…