Engle v. Poland, 376

• Decision Date: 12 September 1952
• Docket Number: No. 376,376
• Citation: 91 A.2d 326,8 Terry 365,47 Del. 365
• Parties: , 47 Del. 365 ENGLE v. POLAND. Civil Action, 1951.
• Court: Delaware Superior Court

Page 326

91 A.2d 326

8 Terry 365, 47 Del. 365

ENGLE v. POLAND.

No. 376 Civil Action, 1951.

Superior Court of Delaware, New Castle County.

Sept. 12, 1952.

Joseph Handler, Wilmington, for plaintiff.

William Bennethum, of Morford, Bennethum, Marvel & Cooch, Wilmington, for defendant.

CAREY, Judge.

The sole question is whether the status of the plaintiff at the time of the accident was, as a matter of law, that of a 'guest' without payment for such transportation. The parties are not in agreement as to the basic facts. For purposes of the present motion, those statements most favorable to the plaintiff must be accepted as correct.

From the record developed through discovery proceedings, a jury could find the following statements to be true. The plaintiff and the defendant were good friends. He was a salesman of storm windows and lived in Wilmington, Delaware. A car was furnished for his use by his employer. Mrs. Poland lived with her husband in Penns Grove, N. J., and the plaintiff's mother lived at Carney's Point, N. J., which is only a few miles from Penns Grove. It was his custom to visit his mother once every week or two. Mrs. Poland had relatives in Wilmington whom she was visiting on the day of the accident. By telephone, she invited Mr. Engle to come to the home of those relatives to spend the evening, look at television and make a friendly visit. He accepted the invitation and drove to that home in his employer's car.

During the course of the evening, Mrs. Poland told Mr. Engle that she knew a person in Penns Grove who might buy some storm windows from him, and she asked him if he would give her 25% of his commission, if he made the sale. He consented to do so. She agreed to introduce him to the prospective customer the next morning. As it was necessary for Mrs. Poland to be in Philadelphia the following day, it was decided to call upon the prospect early in the morning. She suggested that he ride back to New Jersey with her that night and sleep at his mother's home, and that, after they had seen the customer in the morning, she would drive him back to Wilmington, then proceed on to Philadelphia. Mr. Engle agreed to this plan, and they started to New Jersey in her car sometime after midnight. The accident occurred on the way. Apparently they never have visited the prospective customer.

The defendant contends (1) that the agreement between the parties is not sufficient to take the case out of the guest statute and (2) that the trip was not sufficiently identified with the subject matter of the contract, in either purpose or time, to do so.

The applicable part of the Delaware Statute has been construed by this Court in two cases; Elliott v. Camper, 8 W.W.Harr. 504, 194 A. 130 (where an employer-employee relationship was involved), and Robb v. Ramey Associates, Inc., 1 Terry 520, 14 A.2d 394 (where the rider was a prospective customer of the driver). It was also construed by the Pennsylvania Supreme Court in Kerstetter v. Elfman, 327 Pa. 17, 192 A. 663 (where an expense sharing arrangement existed). Those cases lay down these principles: the purpose of the statute is to protect one who, generously, without accruing benefit, has transported another in his vehicle. In order for the statute to apply, the injured rider must be a guest of the owner or operator and the latter must not receive 'payment' for the transportation. The act does not apply to persons transported for the mutual benefit of the passenger and the owner or operator. Direct payment in money is not an essential...