Lewis v. Amorous

Decision Date25 November 1907
Docket Number(No. 465.)
PartiesLEWIS. v. AMOROUS et al.
CourtGeorgia Court of Appeals

59 S.E. 338
3 Ga.App. 50

LEWIS.
v.
AMOROUS et al.

(No. 465.)

Court of Appeals of Georgia.

Nov. 25, 1907.


1. Principal and Agent—Tort of Agent— Automobile Accident—Action Pleading.

A principal or master being responsible for the negligent acts of his agent or servant only when done by command or within the scope of the employment, it is necessary, in an action seeking to charge one for the acts of another upon the theory that the latter was agent for the former, that the petition should disclose, either expressly or by necessary implication, not only the existence of the agency, but also the connection of the act with the employment.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 40, Principal and Agent, § 600.]

2. Same—Relation.

Where the owner or person in possession of an automobile merely permits another to use it. the latter does not thereby become the agent or servant of the former so as to charge the one with the other's negligence.

3. Negligence— Dangerous Appliances — Automobiles—Use by Trespasser—Death op Pedestrian—Liability of Owner.

The owner or keeper of an automobile will not be held liable for a negligent homicide committed therewith in a public street by a person old enough to be discreet and responsible in the eyes of the law, who took the machine, without the knowledge of the former, from a shop or garage where it had been left, although the person who thus took and drove the machine was inexperienced in its operation and unlicensed to run it, notwithstanding the leaving of the automobile at the shop or garage furnished the opportunity whereby such person got possession of it

(Syllabus by the Court.)

Error from City Court of Atlanta; H. M. Reid, Judge.

Action by R. M. Lewis against F. M. Amorous and others. From a judgment dismissing the action, plaintiff brings error. Affirmed.

For the homicide of her minor son Mrs. Lewis brought an action against Martin F. Amorous, John F. Toole, and Edward H. Inman. The petition contained four counts. The first count is as follows: Defendants on the 25th day of September, 1905, kept an automobile on North Pryor street, in the city of Atlanta. It had been kept there for some time. Said automobile was kept there by all the defendants. On the day aforesaid defendants permitted one Percy Pybus to take and run said automobile. Said Pybus was by said act created the agent for each and all of said defendants. For his negligent conduct in running said automobile, they are jointly and severally liable. All of the negligence herein set forth was the concurrent negligence of each of the said defendants. On the day hereinbefore named, in the city of Atlanta, Fulton county, petitioner's son, Branch Lewis, Jr., was run down and killed as hereinafter set forth. Petitioner's son was on Washington street near the corner of Clark street at about 7 p. m., on said date. A number of children were skating and playing in the streets and on the sidewalks at said place. Said automobile, being then and there run by said Pybus, agent as aforesaid, dashed down Washington street at a dangerous and reckless rate of speed, without any warning or notice of any sort, into the midst of the children. Petitioner's son and the other children were in plain view of said Pybus for a great distance, and the least ordinary care would have given him notice of the childrens' presence in the street and the danger of running the automobile at such a reckless rate of speed into their midst. Petitioner's son was just prior to his death standing on the sidewalk on Washington street, watching the other children skate. He started across the street and as he was standing, or walking, in the street, he was struck by said automobile and killed. Defendants' agent negligently failed to blow his horn after he passed Rawson street. Defendants' agent negligently ran said automobile at an unsafe and improper rate of speed. He negligently failed to cheek the machine and avoid striking deceased. Defendants' agent negligently ran into the crowd of children without any warning of any sort. Defendants' agent negligently ran the automobile against petitioner's son and killed him.

The second count contained the following allegations: Defendant Amorous owned an automobile and kept it at an establishment...

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  • Guthrie v. Holmes
    • United States
    • United States State Supreme Court of Missouri
    • November 17, 1917
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    ...... .          An. automobile is not per se a dangerous agency. McNeal v. McKain, 33 Okl. 449, 126 P. 742, 41 L.R.A. (N. S.) 775;. Lewis v. Amorous, 3 Ga.App. 50, 59 S.E. 338;. Shinkle v. McCullough, 116 Ky. 960, 77 S.W. 196, 25. Ky. Law Rep. 1143, 105 Am.St.Rep. 249; Christy v. ......
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