Medlock v. Barfield, 35164
| Decision Date | 05 October 1954 |
| Docket Number | No. 2,No. 35164,35164,2 |
| Citation | 90 Ga.App. 759,84 S.E.2d 113 |
| Parties | Rufus MEDLOCK v. Frank BARFIELD et al |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
An owner of an automobile who knowingly permits his vehicle to be operated by an untrained and unlicensed driver who was learning to drive is not relieved of liability for damages resulting from the operator's incompetence by the fact that the operator was then driving outside of the area in which the owner had given him permission to drive.
Frank Barfield and John Jackson brought suits against Rufus Medlock before a justice of the peace. They alleged that Medlock negligently permitted an untrained driver, Will Taylor, Jr., to drive his automobile, and that Taylor, negligently drove Medlock's automobile along Pine Avenue in Albany, across and ten feet beyond the curb, striking Barfield's parked automobile and Jackson's too, with resulting damage. Medlock's answer was that he loaned Taylor his car to drive around the block, and that Taylor, without Medlock's authority, drove the automobile at least six blocks away from where he was authorized to drive it, by reason of which facts Medlock contended he was liable to the plaintiffs.
The justice of the peace found for the plaintiffs, and the defendant appealed to the superior court. The parties agreed for the case to be tried before the judge without a jury on the following stipulation:
The court entered judgment for the plaintiffs in the agreed amount of the damages, and refused a new trial sought by the defendant upon the general grounds. The defendant excepts to the latter judgment.
Robert W. Reynolds, Albany, for plaintiff in error.
Eugene C. Black, Louis Peacock, Albany, for defendants in error.
The defendant Medlock admits that Taylor was negligent, was an untrained driver, and had permission to drive Medlock's automobile in a specified area; and that Medlock knew Taylor was an untrained driver. Medlock concedes his liability if Taylor had driven into the plaintiffs' automobiles while driving around the block designated. He contends that Taylor was a bailee of the car for the sole purpose of driving it around the block and, in...
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