Dowdell v. Beasley, 3 Div. 450
| Court | Supreme Court of Alabama |
| Writing for the Court | SOMERVILLE, J. |
| Citation | 205 Ala. 130,87 So. 18 |
| Parties | DOWDELL et al. v. BEASLEY. |
| Docket Number | 3 Div. 450 |
| Decision Date | 11 November 1920 |
87 So. 18
205 Ala. 130
DOWDELL et al.
v.
BEASLEY.
3 Div. 450
Supreme Court of Alabama
November 11, 1920
Rehearing Denied Dec. 18, 1920
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge.
Action by Wilbur F. Beasley against James S. Dowdell and others for damages for personal injuries. Judgment for plaintiff, and defendants appeal. Reversed and remanded.
Rushton & Crenshaw, of Montgomery, for appellants.
C.P. McIntyre, of Montgomery, for appellee.
SOMERVILLE, J.
On a former appeal in this case (Dowdell et al. v. Beasley [App.] 82 So. 40) it was held that there is a prima facie presumption of fact that a chauffeur, who is employed to operate a car, and who is found operating it in the ordinary way, is acting within the course of his employment; and, further, that that presumption arose out of the evidence then before the court, and was not rebutted by the testimony offered by defendants, in the absence of a comprehensive showing that the chauffeur was not acting under the authority of any member of defendants' firm, or any authorized agent thereof, or in pursuit of some business of the firm with respect to the "unknown man" whom he was going to see.
The law is thoroughly well settled that "the owner of an automobile is not liable to one who is injured by the negligence of his chauffeur while operating the machine without his knowledge or permission, and for a purpose other than that for which he was employed, as where a driver is on an errand personal to himself, or is making a detour for his own purposes." 2 R.C.L. 1199, § 33.
On the second trial the evidence needed to overcome the presumption that the chauffeur was acting within the course of his employment seems to have been supplied by defendants; and, taken as a whole, it clearly and comprehensively rebuts and excludes the implication in question. Unquestionably the chauffeur had turned aside from his duties and instructions, and gone upon a personal mission of his own in no way related to the business or service of his masters, or to the care and control of the car as its driver. And while he was proceeding to that destination, at a point quite remote from the garage to which he had been sent for gasoline, with [87 So. 19.] instructions to return directly to defendants' place of business, he ran upon and injured plaintiff. In such a case the authorities all agree, in line with the settled principles of the law of respondeat superior, that the master...
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Southern Bell Telephone & Telegraph Co. v. Quick, 30276
...occurs while so engaged, the master is not responsible therefor. 2 Blashfield's Cyclopedia of Automobile Law, p. 1391; Dowdell v. Beasley, 87 So. 18, 205 Ala. 130; Jones v. Strickland, 77 So. 562, 201 Ala. 138; Musachia v. Jones, 223 P. 1006, 65 Cal.App. 283; Lee v. Nathan, 226 P. 970, 67 C......
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Sears, Roebuck & Co. v. Hamm, 6 Div. 771
...the line and scope of his authority, the defendant is entitled to the general affirmative charge with hypothesis. Dowdell v. Beasley, 205 Ala. 130, 87 So. 18; Tullis v. Blue, 216 Ala. 577, 144 So. 185; McCormack Bros. Motor Car Co. v. Holland, 218 Ala. 200, 118 So. 387; Toranto v. Hattaway,......
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Cox v. Roberts, 6 Div. 390.
...the collision was operating it as the owner's agent, and was acting within the line and scope of his authority. Dowdell et al. v. Beasley, 205 Ala. 130, 87 So. 18; AEtna Explosives Co. v. Schaeffer, 209 Ala. 77, 95 So. 351; Massey v. Pentecost, 206 Ala. 411, 90 So. 866; Ford v. Hankins, sup......
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Bell v. Martin, 2 Div. 170.
...cases, also by textwriters, and the weight of authority. Hill v. Decatur Ice & Coal Co., 219 Ala. 380, 122 So. 338; Dowdell v. Beasley, 205 Ala. 130, 87 So. 18; Huddy, Cyc. Auto. Law (9th Ed.) Vol. 7-8, § 96, p. 261; 2 Berry, Automobiles (6th Ed.) § 1369; Fletcher v. Meredith et al., 148 Md......
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Southern Bell Telephone & Telegraph Co. v. Quick, 30276
...occurs while so engaged, the master is not responsible therefor. 2 Blashfield's Cyclopedia of Automobile Law, p. 1391; Dowdell v. Beasley, 87 So. 18, 205 Ala. 130; Jones v. Strickland, 77 So. 562, 201 Ala. 138; Musachia v. Jones, 223 P. 1006, 65 Cal.App. 283; Lee v. Nathan, 226 P. 970, 67 C......
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Sears, Roebuck & Co. v. Hamm, 6 Div. 771
...the line and scope of his authority, the defendant is entitled to the general affirmative charge with hypothesis. Dowdell v. Beasley, 205 Ala. 130, 87 So. 18; Tullis v. Blue, 216 Ala. 577, 144 So. 185; McCormack Bros. Motor Car Co. v. Holland, 218 Ala. 200, 118 So. 387; Toranto v. Hattaway,......
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Cox v. Roberts, 6 Div. 390.
...the collision was operating it as the owner's agent, and was acting within the line and scope of his authority. Dowdell et al. v. Beasley, 205 Ala. 130, 87 So. 18; AEtna Explosives Co. v. Schaeffer, 209 Ala. 77, 95 So. 351; Massey v. Pentecost, 206 Ala. 411, 90 So. 866; Ford v. Hankins, sup......
-
Bell v. Martin, 2 Div. 170.
...cases, also by textwriters, and the weight of authority. Hill v. Decatur Ice & Coal Co., 219 Ala. 380, 122 So. 338; Dowdell v. Beasley, 205 Ala. 130, 87 So. 18; Huddy, Cyc. Auto. Law (9th Ed.) Vol. 7-8, § 96, p. 261; 2 Berry, Automobiles (6th Ed.) § 1369; Fletcher v. Meredith et al., 148 Md......