Reich v. . Cone
Supreme Court of North Carolina
Appeal by defendant from Ray, J., at May Term, 1920, of Foesyth. This is an action for damages sustained by plaintiff’s automobile caused by defendant’s automobile while being driven by one Clay Horn.' The defendant admitted the ownership of the automobile, and there was evidence for the plaintiff that her automobile was injured by the negligence of the driver of the defendant’s car, causing the-collision.
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Appeal by defendant from Ray, J., at May Term, 1920, of Foesyth. This is an action for damages sustained by plaintiff’s automobile caused by defendant’s automobile while being driven by one Clay Horn.' The defendant admitted the ownership of the automobile, and there was evidence for the plaintiff that her automobile was injured by the negligence of the driver of the defendant’s car, causing the-collision. The evidence for the defendant is that at the the time of the collision his car was being driven by his butler, to whom he had loaned it while off duty; the said butler was not his…
1Opinion of the CourtClakk, C. J.
Tbe court instructed tbe jury tbat tbe defendant, upon bis own evidence, was “responsible for tbe negligence of tbe man wbo was driving bis automobile, Clay Horn, provided tbe jury found tbat tbe collision was caused by tbe negligence of Clay Horn, as alleged, and tbat such negligence was tbe proximate cause of damage to tbe plaintiff’s automobile.” Tbis was error.
In Linville v. Nissan, 162 N. C., 99, tbe Court said: “Tbe owner of an automobile is not liable for personal injuries caused by it merely because of bis ownership”; and, again, “Even if tbe son bad been tbe servant of bis father in…
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