Keck v. Jones

Citations

• 97 Kan. 470
• 155 P. 950
• 1916 Kan. LEXIS 327

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Automobile — Injuries—No Joint Liability of Dealer Who Sold the Car and Purchaser Who Was the Driver. An automobile dealer ordered a Ford taxicab for a customer. The car arrived at the dealer’s garage, was supplied with gasoline, oil, water and air, was inspected, and was tested by running it, all before noon of a certain day. In the afternoon the purchaser came for the car, paid for it, declined assistance in operating it because he had had experience, and drove it away. After driving the car for probably an hour the purchaser returned to the garage and asked for some one to accompany him to observe the mechanical operation of the car and make any adjustments that might be necessary. The dealer considered it a part of his business to see that the car was in proper working order and sent an employee, who was a machinist, with the purchaser to observe the mechanical workings of the car and correct the same if found defective, and for no other purpose. The purchaser started for a school to get his daughter. On the way he collided with a pedestrian, who was injured. The machinist did not interfere with the operation of the car. Held, the owner and driver of the car was not the agent or servant of the dealer, the dealer had no authority to control the driver in the operation of the car, and consequently the dealer was not responsible for the owner’s negligent handling of the car.</p> <p>2. Same — Negligence Found — Not Charged in Petition — No Recovery. In an actiqn for damages by the injured' pedestrian the petition charged that the driver of the car was negligent in 'enumerated particulars. The jury were asked to state in what his negligence consisted if they found he was negligent. The answer was that he was negligent in a particular not complained of in the petition. Held, the driver was entitled to judgment on the special finding.</p>