Knight v. Laurens Motor Car Co.
Supreme Court of South Carolina
Before Wilson, Laurens, Spring term, 1916. Actions by Mary C. Knight and by W. B. Knight against the Laurens Motor Car Company and another. Judgment ' for plaintiffs, and defendants appeal. Messrs. Grier, Park & Nicholson isubmit: The liability of an owner of an automobile for injury to a third person by the party in charge of, or driving the automobile grows out of the relationship of master and servant and cannot otherwise arise.
Read the full summary
Before Wilson, Laurens, Spring term, 1916. Actions by Mary C. Knight and by W. B. Knight against the Laurens Motor Car Company and another. Judgment ' for plaintiffs, and defendants appeal. Messrs. Grier, Park & Nicholson isubmit: The liability of an owner of an automobile for injury to a third person by the party in charge of, or driving the automobile grows out of the relationship of master and servant and cannot otherwise arise. It is predicated on ihe familiar maxim, respondeat superior: 97 S. C. 177; 47 L. R. A. (N. S.) 662; 41 L. R. A. (N. S.) 775; 5 L. R. A. (N. S.) 598; 139 Amer. St.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
These two actions arise out of the same transaction, they were tried together below and here, they sound in tort to the property, the plaintiffs had verdicts, and the defendants have appealed.
These generally are the circumstances of the transaction : The Laurens Motor Car Company, hereinafter called the Motor Company, operated a garage in the city of Laurens for the sale of cars, the repair of cars, and the transportation of passengers; the defendant, Boyd, a young man 21 years of age, was in the Motor Company’s service, carried the…
2Cases cited5 opinions
- Dempsey v. ChambersMassachusetts Supreme Judicial Court · 1891
- Davis v. LittlefieldSupreme Court of South Carolina · 1914
- Kehr v. HallIndiana Supreme Court · 1889
- Osteen v. So. Car. Cotton Oil Co.Supreme Court of South Carolina · 1915
- Lutterloh v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1916
3Cited by14 opinions
- Reddy-Waldhauer-Maffett Co. v. SpiveyCourt of Appeals of Georgia · 1936
- Holder v. HaynesSupreme Court of South Carolina · 1940
- Parry v. Davison-Paxon Co.Court of Appeals of Georgia · 1952
- Carroll v. Beard-Laney, Inc.Supreme Court of South Carolina · 1945
- Powell v. A. K. Brown Motor Co.Supreme Court of South Carolina · 1942
9 more not listed; retrieve them via the Exa API.