Squires v. Brooks
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe plaintiff from a judgment of tbe Supreme Court of the District of Columbia sustaining a demurrer to the declaration in an action to recover damages for injury to an automobile.
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Hearing on an appeal by tbe plaintiff from a judgment of tbe Supreme Court of the District of Columbia sustaining a demurrer to the declaration in an action to recover damages for injury to an automobile. The Court in the opinion stated the facts as follows: This action is based upon the alleged negligence of defendant, Leo O. Brooks, in that his agent left defendant’s automobile standing on a street in the city of Washington, unattended, without first removing the switch-pin, or locking the “lever, throttle, or switch,” as required by sec. 4, art. 24, of the Police Regulations of the…
1Opinion of the CourtJustice Van Orsdel
The demurrer was properly sustained, since the declaration clearly failed to state a cause of action against defendant. The *322act of defendant’s agent in leaving tbe automobile on the street unlocked and unattended, in violation of tbe Police Regulations, was not tbe proximate cause of tbe accident. Defendant bad no privity with tbe person wbo appropriated to bis own use bis automobile, and, while so unlawfully using tbe vehicle, inflicted tbe alleged injury. Between plaintiff and defendant an agency intervened, for which defendant was not responsible, and to which tbe accident is directly…
2Cited by6 opinions
- Ross v. HartmanCourt of Appeals for the D.C. Circuit · 1943
- Schaff v. R. W. Claxton, Inc.Court of Appeals for the D.C. Circuit · 1944
- Amicar Rentals, Inc. v. MooreDistrict of Columbia Court of Appeals · 1972
- Richards v. StanleyCalifornia Supreme Court · 1954
- Richards v. StanleyCalifornia Supreme Court · 1954
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