Birch v. Abercrombie

Citations

• 74 Wash. 486
• 133 P. 1020
• 1913 Wash. LEXIS 2083

Syllabus

<p>Municipal Corporations — Use op Streets — Automobiles—Negligence — Contributory Negligence — Question por Jury. The negligence of the driver of an automobile in running down a pedestrian, and tbe contributory negligence of tbe plaintiff, is for tbe jury, where the plaintiff looked before starting across tbe street and tbe street was clear of traffic for one block and no car in sight, and tbe evidence was conflicting as to whether the driver sounded a warning until just before striking the plaintiff.</p> <p>Master and Servant — Liability to Third Persons — Ownership op Automobile — Presumptions. The ownership of an automobile is prim a facie proof that it was in the possession of, and was being driven for, the owner.</p> <p>Same. Where an automobile, purchased by defendant for the use of his family, was driven by his daughter for her 'own pleasure, the presumption that it was in his possession and used in his business is not overcome by evidence of mere advice and the expression of a preference on his part that she should not drive it; especially where, answering written interrogatories, he stated that she was permitted to, and had, run it on different occasions.</p> <p>Same — Injury to Third Persons — Child as Agent of Parent— Driving Automobile — Scope of Employment. The owner of an automobile purchased for the use of his family, is liable to third persons for injuries sustained through the negligent driving of his daughter using the car for her own pleasure by his consent, express or implied; not by reason of the relation of parent and child, but through the relation of agency or service; since she was using it for the purposes for which it was kept, and in every just sense, in his business as his agent; and it is immaterial that no other member of the family was present.</p> <p>Trial — Reception of Evidence — Misconduct of Counsel — Fact of Liability Insurance. In an action for personal injuries, it is reversible error for plaintiff’s counsel to unnecessarily