Eller v. Dent, 368.

• Decision Date: 02 November 1932
• Docket Number: No. 368.,368.
• Citation: 203 N.C. 439,166 S.E. 330
• Parties: ELLER. v. DENT et al.
• Court: North Carolina Supreme Court

166 S.E. 330

203 N.C. 439

ELLER.

v.DENT et al.

No. 368.

Supreme Court of North Carolina.

Nov. 2, 1932.

Appeal from Superior Court, Ashe County; Stack, Judge.

Action by E. V. Eller against W. L. Dent and another. From a judgment in favor of plaintiff, defendants appeal.

No error.

Civil action to recover damages for alleged negligent injury caused by collision between a Ford coupe, in which the plaintiff was riding as an invited guest, and a truck, owned by the defendant W. L. Dent, and operated at the time by his minor son, Thomas Dent. The scene of the collision was on the highway between Jefferson and West Jefferson in Ashe county; the time, Sunday afternoon, February 23, 1930.

There is evidence tending to show that the defendant Thomas Dent, 15 year old son of the defendant W. L. Dent, took his father's truck out of the garage just after lunch on the day in question for the purpose of going to West Jefferson to see a basket ball game. The father knew that the son was away with the truck. The collision occurred on the return trip about 6 o'clock that afternoon.

From a verdict and judgment in favor of plaintiff, the defendants appeal, assigning errors.

T. C. Bowie and W. B. Austin, both of Jefferson, for appellants.

C. W. Higgins, of Sparta, and U. S. G. Bauguess and Ira T. Johnston, both of Jefferson, for appellee.

STACY, C. J.

The liability of the defendant W. L. Dent is not predicated solely upon the negligence of the son in driving the father's truck on the day in question (Linville v. Nissen, 162 N.C. 95, 77 S. E. 1096, 1099), but upon the alleged negligence of the father in permitting the 15 year old son to operate his truck upon the highway in violation of law (Taylor v. Stewart, 172 N.C. 203, 90 S.. E. 134). If this alleged negligence of the father be the proximate cause, or one of the proximate causes, of plaintiff's injury, as the jury has so found, then W. L. Dent has properly been held liable in damages therefor. White v. Carolina Realty Co., 182 N.C. 536, 109 S. E. 564.

Speaking to the question in Linville v. Nissen, supra, it was said: "We would not be understood, however, as holding that the father would not be liable if he should place his automobile in charge of a child of tender years, any more than if he would intrust an unruly horse to him. But in such case the liability arises from the father's negligence, and not from the imputed negligence of the child."

Thomas Dent was driving the truck in violation of law (C. S. § 2614), In that he...