McGuire v. Parker, 350-353.
| Decision Date | 21 May 1948 |
| Docket Number | No. 350-353.,350-353. |
| Citation | 78 F. Supp. 199 |
| Parties | McGUIRE et ux. v. PARKER. CUMMINS v. PARKER. JONES v. PARKER. SHIPMAN et ux. v. PARKER. |
| Court | U.S. District Court — Western District of Missouri |
Morgan M. Moulder, of Camdenton, Mo., for plaintiffs.
Ragland, Otto, Potter & Embry and Leon P. Embry, all of Jefferson City, Mo., for defendant.
Similar motions have been filed in each of the above causes. It is the contention of the defendant in each case that he, being a non-resident of the State of Missouri, the process served upon him was not in accord with law, and even if consonant with the provisions of named statutes then said statutes are unconstitutional and void because violative of Section I of the Fourteenth Amendment to the Constitution of the United States.
The facts in each case are substantially the same. The defendant was the non-resident owner of an automobile brought into Missouri and used by him while sojourning in the state. It was described as a "1941 model Ford V-8 automobile." It is averred that, "* * * on the 7th day of November, 1947, while the defendant was in Camden County, Missouri, and in charge of the use, management and the operation of said automobile on the highways of this State, he, the defendant, then and there unlawfully, carelessly and negligently loaned and intrusted said Ford automobile" to John William Cummins and Earl Van McGuire, who were then 14 and 15 years of age respectively, "for their use in operating it and driving it on the public highways of this State."
Other minors were in the automobile at the time the driver lost control on a steep grade with the result that some of the occupants were killed and others seriously injured, according to the averments of the complaint.
Suits were filed and jurisdiction over the defendant was sought, perforce the provisions of an Act of the Missouri Legislature: "Motor Vehicles: Relating to civil actions against non-residents," Laws of Missouri 1941, pages 435, 438, incl., Mo. R.S.A. § 8410.1 et seq. Summonses were issued and served upon the Secretary of State or his Chief Clerk as provided in said Act, and the defendant was further notified as provided by said statute.
It is the contention of counsel for defendant that at the time of the accident and injury the defendant was not personally operating his said automobile nor was it being operated by an agent, and therefore defendant was not a "person" as defined by said statute and not in the contemplation of the law.
1. It is substantially charged in each of the complaints that, "the defendant negligently and carelessly loaned and intrusted his said Ford automobile" to John William Cummins and Earl Van McGuire, "when the defendant knew, or by the exercise of ordinary care should have known, that they and each of...
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