Knight v. Cossitt

Citations

• 102 Kan. 764
• 172 P. 533
• 1918 Kan. LEXIS 136

Syllabus

<p>SYLLABUS BY THE COURT. .</p> <p>Automobile — Operated by One Partner — -Injury to Third Party — Liability of Other Partner. On the trial of an action for damages caused by a collision between automobiles, the evidence introduced proved that a father and his 23-year-old son, with the wife of the father, lived together as one family, and that the father and son jointly owned an automobile which was used for family purposes, and, when so used, was ordinarily driven by the son. The evidence also proved that the' son used the automobile in his private business; that in the absence of the father, and without his knowledge, the son took the automobile to make a trip of his own; that the mother got into the automobile to ride with him; and that an accident then occurred, which resulted in an injury to the party bringing the action. Held, that the evidence was not sufficient to establish the relation of master and servant between the father and the son.</p>