Legal Opinion

Russell Ex Rel. Russell v. Cutshall

Supreme Court of North Carolina

Decided September 22, 1943PublishedCited by 9 opinions

1Opinion of the CourtBaeNiiill, J.

There is no contention tbat tbe defendant’s driver bad express authority to take on passengers. Hence tbe one question here presented is this: Was Outshall, under tbe circumstances existing at the time, acting within the apparent scope of bis authority when be invited or permitted plaintiff to ride on tbe running board of tbe defendant’s truck?

Ordinarily, one who is engaged to operate a motor vehicle has no implied authority, by virtue of bis employment, to invite or permit third persons to ride; and tbe employer is not liable for personal injuries sustained by the invitee while riding in…

2Cases cited19 opinions

  1. Rolfe v. . HewittNew York Court of Appeals · 1920
  2. Morris v. Dame'sSupreme Court of Virginia · 1933
  3. Fry v. Southern Public Utilities Co.Supreme Court of North Carolina · 1922
  4. Hughes v. Murdoch Storage & Transfer Co.Supreme Court of Pennsylvania · 1920
  5. Byrne v. Pittsburgh Brewing Co.Supreme Court of Pennsylvania · 1918

14 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Wright Ex Rel. Wright v. WrightSupreme Court of North Carolina · 1948
  2. Bruce v. O'Neal Flying Service, Inc.Supreme Court of North Carolina · 1949
  3. Carter v. . Motor LinesSupreme Court of North Carolina · 1947
  4. Rogers v. Town of Black MountainSupreme Court of North Carolina · 1944
  5. Carter v. Thurston Motor Lines, Inc.Supreme Court of North Carolina · 1947

4 more not listed; retrieve them via the Exa API.

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