Doran v. Thomsen
| Citation | 66 A. 897,74 N.J.L. 445 |
| Parties | DORAN v. THOMSEN. |
| Decision Date | 23 May 1907 |
| Court | United States State Supreme Court (New Jersey) |
(Syllabus by the Court.)
Action by Patrick Doran against Hugo A, Thomsen. Demurrer to declaration sustain ed as to the first and third counts and overruled as to the second count.
Argued November term, 1906, before HEN DRICKSON, SWAYZE, and TRENCHARD, JJ.
Willard W. Cutler, for plaintiff. Collins & Corbin, for defendant.
The declaration contains three counts, the first of which alleges that the defendant was the owner and possessor of a certain motor vehicle, capable of being run upon the public highway at the speed of 60 miles an hour, and it thereby became the duty of the defendant to use due care in the management and control thereof, "and to only allow careful, experienced, and competent persons to operate, propel, and run the said motor vehicle, and in such way and manner and at such a rate of speed as to keep the same within safe and proper control." The breach alleged is that the defendant negligently consented and allowed the vehicle to be run along the public highway by an inexperienced, careless, and incompetent person, well knowing the person to be incapable of safely operating the vehicle, and by the negligence of such person it was run at such a high rate of speed, to wit, 60 miles an hour, and in such a careless manner, as to run over the plaintiff while upon the public highway, causing the injury of the plaintiff.
The second count alleges that the defendant possessed and had under his control a motor vehicle, capable of being run along the public highways at a speed of GO miles an hour, to the great danger of the plaintiff and all other persons lawfully using the highways; that it was the duty of the defendant to use due care in the use and control of the same while being operated upon the public highways to avoid running into the plaintiff and other persons lawfully using the highways, and to keep the same within proper control and to run at no greater speed than authorized by law; that defendant disregarded these duties and did "negligently direct, consent, and allow the said motor vehicle so in his possession and control to be operated by a member of his family, and the said motor vehicle was then and there so carelessly, negligently, and improperly operated, propelled, and run by a member of defendant's family, for the said defendant, and without regard to the safety of the said plaintiff" and other persons using the highway, at such a high rate of speed...
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