Burris v. . Litaker
Supreme Court of North Carolina
Appeal by plaintiff from Lane, J., at the November Term, 1920, of CabaRRus. The action is to recover damages done to plaintiff's automobile in a collision on the public road leading from Concord to Kannapolis by the alleged negligence of Jay Litaker, a minor son, 17 or 18 years of age, who was driving his father’s car, and who was endeavoring to pass another automobile in front of him.
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Appeal by plaintiff from Lane, J., at the November Term, 1920, of CabaRRus. The action is to recover damages done to plaintiff's automobile in a collision on the public road leading from Concord to Kannapolis by the alleged negligence of Jay Litaker, a minor son, 17 or 18 years of age, who was driving his father’s car, and who was endeavoring to pass another automobile in front of him. In making this effort he ran into plaintiff’s car, which was on the road coming from the opposite direction. W". C. Litaker, his father and owner of the car, but who was not present at this time, was made party…
1Opinion of the CourtHoKE, J.
In Tyree v. Tudor, ante, 214, a case at the present term wherein the question was directly and fully considered, the Court held that “Where a parent maintains an automobile for the comfort and pleaure of himself and family, he may be held liable for injuries caused by the negligent operation of said car by a member of his family who is using it at the time for the purpose stated and under his express or implied authority.” In the present case there are facts in evidence permitting the inference that Jay Litaker at the time of the occurrence, a minor, 17 or 18 years of age, was a member of the…
2Cases cited2 opinions
- Cherry v. Canal Co.Supreme Court of North Carolina · 1906
- Wiggins v. GuthrieSupreme Court of North Carolina · 1888
3Cited by15 opinions
- In Re Will of RossSupreme Court of North Carolina · 1921
- Wilson v. Suncrest Lumber Co.Supreme Court of North Carolina · 1923
- Virginia-Carolina Power Co. v. TaylorSupreme Court of North Carolina · 1927
- In Re Will of EdensSupreme Court of North Carolina · 1921
- Western Carolina Lumber Co. v. SturgillSupreme Court of North Carolina · 1925
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