Stafford v. Noble

Citations

• 105 Kan. 219
• 182 P. 650
• 1919 Kan. LEXIS 54

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Automobile — Liability of Owner for Daughter’s Negligence. On the day of a certain election a campaign committee requested the use of the defendant’s car for the afternoon. The defendant, who had purchased it for the use of his family, consented that such car, driven by his sixteen-year-old daughter, be used as requested. The daughter reported with the car to the committee, who gave her names of persons to go after, and while on her way, as thus directed, she collided with and injured the plaintiff. Held, that as she was not at the time acting as agent for her father, or under his direction or control or in any way connected with his business, he is not liable.</p> <p>2. Same — Evidence—Instruction. Certain references to a casualty company, having been withdrawn and the jury properly instructed thereupon, no material error appears in respect thereto.</p> <p>3. Same — Pleadings—Allegations of Agency. The amended petition examined, and held not to allege agency of the defendant's daughter so as to require a denial under oath, even if the point were not raised here for the first time.</p> <p>4. Same — Evidence — Examination of Plaintiff by Physicians. Physicians who examined the plaintiff testified as to the examination and the results thereof, some of such testimony being to the effect that she was not injured. On rebuttal, the plaintiff described the method of the examination and the effects thereof. Held, that such evidence was competent; the alleged manner of giving such evidence being beyond our control.</p> <p>5. Same — Certain Rulings of Court Not Error. The claims of error in refusing judgment on the findings and for excess of verdict held insufficient to require a reversal.</p>