Legal Opinion

Elliott v. Hardins

Ohio Supreme Court

Decided May 8, 1923No. 17634PublishedCited by 56 opinions

1Opinion of the Court

MARSHALL, C. J.:

1. While an automobile is not a dangerous instri ment per se, it may become such if operated by or who is unskilled in its use; and, where the owner ei trusts such a machine to an inexperienced or incon petent person, liability for damages may arise.

2. Where a father entrusts his automobile to fa-son, a youth of fourteen years, unaccustomed to i1 use, for purposes wholly apart from any business c enterprise of the father, the question of competenc is one for the jury under proper instructions.

3. In such case the liability of the owner woul not rest upon ownership or agency,…

2Cited by56 opinions

  1. Crowell v. DuncanSupreme Court of Virginia · 1926
  2. Gulla v. StrausOhio Supreme Court · 1950
  3. Payne v. KinderWest Virginia Supreme Court · 1962
  4. Lutfy v. LockhartArizona Supreme Court · 1931
  5. Tuite v. UNION PACIFIC STAGESOregon Supreme Court · 1955

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