277 A.2d 117 (D.C. 1971), 5512, Spindle v. Reid

Docket Nº5512.
Citation277 A.2d 117, 74 A.L.R.3d 735
Party Namev. Pearl REID, Appellee.
Case DateMay 13, 1971
CourtCourt of Appeals of Columbia District

Page 117

277 A.2d 117 (D.C. 1971)

Evelyn F. SPINDLE and Robert Lee Spindle, Jr., Appellants,

v.

Pearl REID, Appellee.

No. 5512.

Court of Appeals of Columbia District

May 13, 1971

Argued March 15, 1971.

Motorist brought action against registered owner and operator of automobile for injuries sustained in intersectional collision. The Court of General Sessions, [*] John J. Malloy, J., rendered judgment in favor of the motorist and the defendants appealed. The Court of Appeals, Hood, C. J., held that where registered owner who was operator's mother had no right to prevent operator's use of the automobile but took title to automobile in her name merely because financing bank declined to deal directly with operator because of his minority, payments on automobile were made by operator out of his own earnings, operator rather than registered owner was the 'owner' within Motor Vehicle Safety Responsibility Act and registered owner was not liable for operator's negligence.

Reversed in part and affirmed in part.

T. Emmett McKenzie Washington, D. C., for appellants.

Shellie F. Bowers, Washington, D. C., with whom Carlisle E. Pratt, Washington, D. C., was on the brief, for appellee.

Before HOOD, Chief Judge, and KERN and GALLAGHER, Associate Judges.

HOOD, Chief Judge:

Robert Lee Spindle, Jr., the operator of an automobile, and his mother Evelyn F. Spindle, the registered owner of the automobile, appeal from a judgment against them for damages suffered by appellee when there was an intersectional collision between an automobile operated by appellee and the one operated by Robert. The appeal questions (1) the sufficiency of the evidence to warrant a recovery by appellee and (2) the right of recovery in any event against Evelyn F. Spindle.

With respect to the first question, there was conflicting testimony, typical of most intersectional collisions, as to the conduct of both drivers, and we are satisfied that the evidence presented questions of fact for the jury as to both negligence and contributory negligence. We find no basis for disturbing the verdict of the jury in this respect.

A more serious question is presented by the claim of Mrs. Spindle that she was not

Page 118

responsible for the negligent driving of her son Robert. The uncontradicted testimony was that at the time of the accident Robert was 19 years of age...

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6 practice notes
  • 745 P.2d 375 (N.M. 1987), 17199, Madrid v. Shryock
    • United States
    • New Mexico Supreme Court of New Mexico
    • November 2, 1987
    ...unemployed and the father loaned him the money. The son, however, exercised exclusive control over the car. Similarly, in Spindle v. Reid, 277 A.2d 117, 118-19 (D.C.1971), it was held that a mother who took title to her emancipated son's automobile in her name and executed a note for the ba......
  • 666 A.2d 1282 (Md.App. 1995), 63, Broadwater v. Dorsey
    • United States
    • Maryland Court of Special Appeals of Maryland
    • November 6, 1995
    ...to obtain financing to purchase an automobile were not suppliers of chattel under Restatement (Second) of Torts, § 390); Spindle v. Reid, 277 A.2d 117 (D.C.1971) (holding that mother who titled automobile in her name in order to help son obtain financing never had control to permit or prohi......
  • 537 A.2d 1072 (D.C. 1987), 86-515, Curtis v. Cuff
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • September 14, 1987
    ...This is not a case where the person sued held naked legal title to an automobile for the convenience of the driver. See Spindle v. Reid, 277 A.2d 117, 118-19 (D.C.1971); Bush v. Johnson, 215 A.2d 850, 852 (D.C.1966); Johnson v. Keyes, 201 A.2d 24, 26 (D.C.1964). Appellant was, as the majori......
  • 761 P.2d 1225 (Idaho 1988), 16781, Lopez v. Langer
    • United States
    • Idaho Supreme Court of Idaho
    • September 8, 1988
    ...As already stated, the record is devoid of any indicia that Frank had any right to control the vehicle in question. In Spindle v. Reid, 277 A.2d 117 (D.C.Ct.App.1971), the court construed a Motor Vehicle Safety Responsibility Act similar to I.C. § 49-1404. In Spindle, the defendant was the ......
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6 cases
  • 745 P.2d 375 (N.M. 1987), 17199, Madrid v. Shryock
    • United States
    • New Mexico Supreme Court of New Mexico
    • November 2, 1987
    ...unemployed and the father loaned him the money. The son, however, exercised exclusive control over the car. Similarly, in Spindle v. Reid, 277 A.2d 117, 118-19 (D.C.1971), it was held that a mother who took title to her emancipated son's automobile in her name and executed a note for the ba......
  • 666 A.2d 1282 (Md.App. 1995), 63, Broadwater v. Dorsey
    • United States
    • Maryland Court of Special Appeals of Maryland
    • November 6, 1995
    ...to obtain financing to purchase an automobile were not suppliers of chattel under Restatement (Second) of Torts, § 390); Spindle v. Reid, 277 A.2d 117 (D.C.1971) (holding that mother who titled automobile in her name in order to help son obtain financing never had control to permit or prohi......
  • 537 A.2d 1072 (D.C. 1987), 86-515, Curtis v. Cuff
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • September 14, 1987
    ...This is not a case where the person sued held naked legal title to an automobile for the convenience of the driver. See Spindle v. Reid, 277 A.2d 117, 118-19 (D.C.1971); Bush v. Johnson, 215 A.2d 850, 852 (D.C.1966); Johnson v. Keyes, 201 A.2d 24, 26 (D.C.1964). Appellant was, as the majori......
  • 761 P.2d 1225 (Idaho 1988), 16781, Lopez v. Langer
    • United States
    • Idaho Supreme Court of Idaho
    • September 8, 1988
    ...As already stated, the record is devoid of any indicia that Frank had any right to control the vehicle in question. In Spindle v. Reid, 277 A.2d 117 (D.C.Ct.App.1971), the court construed a Motor Vehicle Safety Responsibility Act similar to I.C. § 49-1404. In Spindle, the defendant was the ......
  • Request a trial to view additional results