Mitchell v. Churches

Citations

• 119 Wash. 547
• 206 P. 6
• 36 A.L.R. 1132
• 1922 Wash. LEXIS 820

Syllabus

<p>Municipal Corporations (386) — Use of Streets — Pleading— Auto in Charge oe Drunken Driver. A complaint against the owner of an automobile for damages caused by a drunken driver of the car states a cause of action where it alleges that the owner permitted the driver to take out the car knowing that he had a quart of whiskey, was going on a spree, and in the habit of getting drunk and liable to injure others while driving in that condition.</p> <p>Same (392) — Use op Streets — Liability for Acts op Drunken Driver — Instructions. In such a case, it is proper to instruct that the owner would be liable for damages for which the driver would be liable, if he loaned him the car knowing that he was liable to become intoxicated, under such circumstances as would produce in the mind of a reasonable man reasonable grounds for belief that he might become intoxicated.</p> <p>Same (389) — Use op Streets — Insufficiency op Evidence— Drunken Driver. In such a ease, there is sufficient evidence to go to the jury on the question of the owner’s liability, where it appears that the owner admitted that the driver and his companion were in the habit of taking the car out for parties after work, and that they could not have been very intoxicated because they had only one quart of whiskey with them and were good drinking men.</p>