Woods v. Clements
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. HoN. W. W. Venable, Judge. Suit by George B. Clements against C. F. Woods. Appellee, Dr. Clements, as plaintiff in the court below, brought this action to recover damages to his automobile as a result of the alleged negligence of the driver of appellant’s Ford car. Appellant and his partner, one Poitivent, owned jointly a Ford car which was used by them in their real estate business.
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Appeal from the circuit court of Lauderdale county. HoN. W. W. Venable, Judge. Suit by George B. Clements against C. F. Woods. Appellee, Dr. Clements, as plaintiff in the court below, brought this action to recover damages to his automobile as a result of the alleged negligence of the driver of appellant’s Ford car. Appellant and his partner, one Poitivent, owned jointly a Ford car which was used by them in their real estate business. Mr. Woods made use of the Ford car while transacting the firm’s business; while his partner, Mr. Poitivent, used a horse and buggy owned by tbe firm and used in…
1Opinion of the CourtSteveNS, J.
Before the plaintiff can recover in this suit, the proof must sufficiently show the relationship of master and servant between the defendant, Mr. Woods, and his unmarried adult daughter. It must appear that Miss Majorie Woods, the driver, was the defendant’s chauffeur. If the relationship of master and servant is sufficiently established, then the doctrine of respondeat superior applies, and the negligence of Miss Majorie at the time of the collision in question would be the negligence of the master. To constitute this relation there need not be either an express contract or compensation. The…
2Cases cited2 opinions
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