Nantz v. Nantz
| Decision Date | 16 February 1962 |
| Citation | 354 S.W.2d 283 |
| Parties | Lawrence NANTZ, Appellant, v. Julius NANTZ, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
Willis W. Reeves, Maxwell P. Barret, Richard D. Cooper, Hazard, Denver Adams, Hyden, for appellant.
A. E. Cornett, Hyden, for appellee.
The appellee, Julius Nantz, was injured when struck by a truck driven by appellant's son, Lowell Nantz. Appellee filed suit against the appellant, Lawrence Nantz, individually, and the Leslie Circuit Court, sitting without a jury, entered judgment in the amount of $4,786 in favor of appellee. This appeal is prosecuted from that judgment.
The appellant and his son jointly owned a dump truck which was kept, maintained and operated by the son. The truck was used principally for hire in hauling gravel, timber and coal, but was also used for any odd jobs which might be acquired from time to time. The bill of sale was made to the son, Lowell Nantz, for the purpose, it was said, of avoiding payment of property taxes on the vehicle. The profits realized from use of the truck were small, and they were kept primarily by the son. However, on occasion, the father did share in the total profits.
On January 23, 1958, Lowell had used the truck to haul gravel and had finished that job when he was approached by Lawrence Wilson, who solicited his aid in pulling Wilson's pick-up truck out of a ditch. Lowell, in company with the appellee, drove up a side road about one mile to the location of the pick-up truck. Lowell directed appellee to fasten a chain to the rear of the dump truck and to the front of the pick-up truck, which was done. Lowell then started forward but the chain became unattached from the dump truck, which proceeded approximately 10 feet before it was stopped. Appellee picked up the chain and was standing on the side of the road preparing to again fasten it to the dump truck when Lowell suddenly and without warning backed the dump truck into appellee, breaking the femur of his right leg. Lowell was paid $3.00 by Wilson for his efforts in extricating the pick-up from the ditch.
Appellant complains that the circuit court should have dismissed the complaint for the reason that it was not proved that Lowell Nantz, the driver of the dump truck, was the agent or servant of the appellant, his father, or that Lowell was engaged upon any business for appellant at the time or upon the occasion of the accident. The circuit court found as a fact that the dump truck was jointly owned by the appellant and his son, that it was used principally for hauling gravel, but was also used for such other odd jobs as could be acquired from time to time. The fact that the truck was used for virtually any odd job which could be obtained, coupled with the fact that Wilson, the owner of the pickup truck, paid $3.00 for the services rendered by the driver of the dump truck, substantiates the finding of the circuit court that such truck was engaged in business for both appellant and his son at the time the accident occurred. The fact that one is a co-owner of an automobile does not render him liable for an injury caused by negligence in its operation by another co-owner who is using the automobile for his own purpose unaccompanied by his co-owner. But liability...
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