Gardiner v. Solomon
Supreme Court of Alabama
Appeal from Law and Equity Court, Morgan County; Thomas W. Wert, Judge. Suit by Mrs. D. A. Solomon against Mrs. Cora Gardiner for damages for the death of her intestate, alleged to have been caused by an automobile belonging to Mrs. Gardiner. Judgment for plaintiff, and defendant appeals.
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Appeal from Law and Equity Court, Morgan County; Thomas W. Wert, Judge. Suit by Mrs. D. A. Solomon against Mrs. Cora Gardiner for damages for the death of her intestate, alleged to have been caused by an automobile belonging to Mrs. Gardiner. Judgment for plaintiff, and defendant appeals. The first count alleges that defendant’s agent, Thomas Gardiner, wrongfully caused the death of Charlie Solomon, by wrongfully propelling, in the course of his agency, against said decedent, a powerful and ponderous automobile, the property of defendant, which defendant was, through said agent, then…
1Opinion of the Court
ANDERSON, O. J.
[1] Counts 1 and 2 proceed upon the theory of respondeat superior; that is, that the driver of the automobile in question was the agent of the defendant, and was acting within the line and scope of his authority when he ran over the plaintiff’s intestate. We think that the proof utterly fails to establish these material facts, as the defendant was absent from the Decaturs at the time, there was no express authority for the son to use the vehicle at this particular time, and at most there was a mere implied consent, growing out of the relationship of the parties and a previous…
2Cases cited7 opinions
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3Cited by63 opinions
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