Model Laundry v. Collins

• Decision Date: 20 November 1931
• Citation: 241 Ky. 191
• Parties: Model Laundry v. Collins.
• Court: United States State Supreme Court — District of Kentucky

241 Ky. 191

Model Laundry v. Collins.

Court of Appeals of Kentucky.

Decided November 20, 1931.

1. Automobiles. — Laundry held not liable for injury to automobile struck by laundry's truck while driver was returning from personal trip made contrary to instructions.

The driver of such truck had departed from the service of the laundry contrary to instructions, and had not returned

to such service when the collision occurred more than a square from where the unauthorized trip began.

2. Witnesses. — Witness' statements out of court held competent only to contradict him, but not as substantive testimony.

3. Automobiles. — That truck driver could not turn around at destinuation of authorized trip did not justify his going eight blocks further to accommodate friend, as regards question whether driver remained in employer's service.

4. Automobiles. — Manager of laundry sued for injury to automobile resulting from collision with laundry truck should be permitted to state general instructions given all its drivers.

Such manager should be allowed to state the general instructions given all its truck drivers as to the use of the trucks for other purposes than those on which they were sent.

Appeal from Franklin Circuit Court.

TURNER & CREAL, and BLAKEY, DAVIS & LEWIS for appellant.

LESLIE W. MORRIS for appellee.

OPINION OF THE COURT BY HOBSON, COMMISSIONER.

Reversing.

E.W. Collins brought this action against the Model Laundry to recover for the injury of his automobile when struck by a truck belonging to it. On the trial of the case he recovered a verdict and judgment for $245.22. The defendant appeals.

The facts of the case are these: The laundry is located in Frankfort on the corner of Clinton and Lewis streets, about three squares northeast from the corner of Main and St. Clair. The manager of the laundry, on the morning in question, had some hats at the Shoe Shine Parlor, which is on St. Clair about two doors south of the corner of Main. He had an order waiting for one of the hats and told a colored boy, named Cornelius O'Banion, who was working for the laundry, to go up to this Shoe Shine Parlor in the truck, get the hats, and come right back. O'Banion got in the truck and went to the Shoe Shine Parlor and got the hats. While he was there, Joe Condor, a colored man whom he know, came along and asked him if he was going to South Frankfort. O'Banion said that he was. Condor told him that he had left his raincoat at his home, which was near the corner of Second and Murray in South Frankfort, and asked him to take him over there to get it. O'Banion agreed to do this. Condor got in the truck. They went south on St. Clair street, across the bridge over the Kentucky river, and then up Second street, east to Murray. There Condor got out to get his coat and O'Banion turned the truck around, and they came back as they had gone. As they were crossing the bridge there was a buggy meeting them. O'Banion cut the truck around and put on his brakes. It was raining. The floor of the bridge was wet and he was going fast down an incline. The truck skidded and struck the car of Collins, which was going over the bridge in the opposite direction and on the other side of the driveway. The cost of repairing the injury to the car was $245.22. At the time of the collision O'Banion was something over a square south of the Shoe Shine Parlor and about a...