Beville v. Taylor
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Action by Edward Taylor against P. D. Beville. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Action by Edward Taylor against P. D. Beville. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 450. As amended, count A, which alone was submitted to the jury, charges that defendant negligently permitted an incompetent driver, to wit, Lee or Leo Dahlgreen, to oi)erate the auto of defendant, and during such permissive use of such machine, and while in control thereof, the sai(i driver negligently ran said machine into or upon the horses and wagon of plaintiff,…
1Opinion of the CourtSomerville, J.
[1] The general rule is that the mere lender of an automobile is not liable to one who is injured by -its negligent use in the hands of the borrower. 2 R. C. L. p. 1201, § 35.
In Parker v. Wilson, 179 Ala. 361, 371, 60 South. 150, 153, 43 L. R. A. (N. S.) 87, it was said by way of dictum that —
“In the case of a mere permissive use, the liability of the owner would rest, not alone upon the fact of ownership, but upon the combined negligence of the owner and the driver, negligence of the one in intrusting the machine to an incompetent driver, of the other in its operation.”
This is unquestionably…
2Cases cited3 opinions
- Parker v. WilsonSupreme Court of Alabama · 1912
- Gardiner v. SolomonSupreme Court of Alabama · 1917
- Owen v. Ala. Gt. So. R. R. Co.Supreme Court of Alabama · 1913
3Cited by18 opinions
- Tullis v. BlueSupreme Court of Alabama · 1927
- Cruse-Crawford Mfg. Co. v. RuckerSupreme Court of Alabama · 1929
- Rush v. McDonnellSupreme Court of Alabama · 1925
- Rocca v. SteinmetzCalifornia Court of Appeal · 1923
- Saunders System Birmingham Co. v. AdamsSupreme Court of Alabama · 1928
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