Anthony v. Kiefner

Citations

• 96 Kan. 194
• 150 P. 524
• 1915 Kan. LEXIS 346

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Automobile — Negligence of Driver — Negligence Not Imputable to an Invited Guest. A mother accepted the invitation of her son to ride in his automobile merely as his guest, and as she had no control and took no part in the management of the automobile she is not responsible for injuries inflicted upon another by the negligence of her son in driving the automobile.</p> <p>2. Same — Mother a Guest of Son — Negligent Driving of Son — Personal Injuries — Mother Not Responsible. If the journey had been undertaken as a joint enterprise to accomplish a common purpose for the benefit of both one of them might have been regarded as the agent of the other and she might have been responsible for injuries inflicted by the negligent operation of the automobile, but it is held that her mere request of her son that sometime during the ride he should call at a certain house and obtain a cake that a friend had promised to make for her did not make the trip a joint enterprise nor make her responsible for the negligence of her son nor for injuries to which she did not personally contribute.</p> <p>3. Same. The mere fact that the mother, who was sitting by the side of her son and as his guest, did not protest against his action when he drove his automobile at an excessive rate of speed for the distance of a little more than a city block, at the end of which an injury was inflicted, can not be held as culpable negligence on her part which would make her liable for his negligence and the resulting injury.</p>