Halverson v. Blosser

Citations

• 101 Kan. 683
• 168 P. 863
• 1917 Kan. LEXIS 176

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. Automobile — Injuries While Operated by Other than Owner — Owner’s Liability. An owner of an automobile is not liable for injuries caused in its operation by others, unless such others were servants or' agfents of the owner and acting in furtherance of his business.</p> <p>2. Same. Nor is he liable for injuries negligently caused by persons to whom he ioaned the automobile to be used for their own purposes, where it was not being used at the time of the ’injury under his direction or control or in any way connected with his business.</p> <p>3. Same — Auto Operated by Owner’s Minor Son — Owner’s Liability. The mere fact that the son of the owner accepted an iiivitation from the borrowers of an automobile to accompany them on a trip, and did so.on his own initiative, operated the machine a part of the time, and was operating it when the injury was caused, does not render the owner liable for injuries negligently caused on the trip.</p> <p>4. Same — Negligence—Injuries—Proof of Ownership Alone Not a Prima Facie Case Against Owner. A prima facie case was not made out by plaintiff when he showed that the defendant was the owner of the automobile which caused the injury, where the evidence offered by him in the same connection showed that at the time of the injury the automobile was being used in the business of the borrowers and not that of the owner, and that those operating the machine were not in any way under the direction or control of the owner.</p> <p>5. Same. To recover against the owner it devolved upon the plaintiff to show that the persons in charge of the machine were in some sense the servants or agents of the owner and that they were engaged in the owner’s business.</p> <p>6. Same — Lending Car with Defective Muffler — Owner’s Liability. Under the circumstances shown, the owner is not liable for injuries inflicted by the persons in charge of the automobile because at the time he loaned the machine it had a broken muffler