Place v. Berry

Citations

• 35 Ohio C.C. Dec. 351
• 28 Ohio C.C. (n.s.) 294

Syllabus

<p>AUTOMOBILES</p> <p>Father of Daughter in Charge of Automobile which Collided with Another Automobile cannot Escape Liability on Ground that Escort . was Driving.</p> <p>A young lady accompanied by her escort, both of whom were minors, rode to the next county seat in an automobile belonging to the girl’s father. For a time the car was run by her, but during the journey its operation was surrendered by her to the young man. As they approached their destination their machine collided with another automobile, causing injury to the plaintiff below. The mechanism of the car was such that either of its occupants could have stopped it ‘without changing position, had ordinary care been exercised. The jury found in favor of the young man and assessed damages against the young lady. Held: That while it would have been competent for the jury to have found the couple were engaged in a joint enterprise, yet the theory that, at the time of the accident, the young man was operating the car as the agent of his companion is tenable, and the rule that all reasonable presumptions should be indulged in favor of the validity of the judgment requires that it be affirmed.</p>