Simonpietri v. Toro

HamiltoN, Judge,

delivered the following opinion:

1. This cause now comes on to be heard upon a motion of the defendant to dismiss the case because of a recent decision of the local Supreme Court, which he cites, to the effect that an automobile owner, although present in the automobile, is not liable for the negligent acts of the chauffeur. The case in question is Alicea v. Ramón Aboy Benitez. The matter came up in the Humacao district court on demurrer, which was sustained. On appeal the decision of the lower court was affirmed. The court stated its position as follows: — “In the appeal…