Nu Grape Bottling Co. v. Knott

• Decision Date: 23 September 1933
• Docket Number: 22823.
• Parties: NU GRAPE BOTTLING CO. v. KNOTT.
• Court: Georgia Court of Appeals

171 S.E. 151

47 Ga.App. 539

NU GRAPE BOTTLING CO. v. KNOTT.

No. 22823.

Court of Appeals of Georgia, Second Division

September 23, 1933

Syllabus by Editorial Staff.

Owner is liable for negligent operation of automobile by one intrusted with automobile for his own pleasure, where owner knows he is reckless and incompetent and under required age.

Where superintendent of bottling plant, in charge of trucks knowingly permitted boy, 13, inexperienced, reckless incompetent, and financially irresponsible, to drive truck plant operator was liable for injuries caused by boy's negligent driving.

Knowledge of superintendent of bottling plant that boys customarily congregated at plant and took trucks therefrom and drove them for their own pleasure, and that such practice was dangerous to persons using streets, held imputable to operator of plant.

Error from City Court of Atlanta; Hugh M. Dorsey, Judge.

Suit by H. E. Knott against the Nu Grape Bottling Company. Demurrer to the petition was overruled, and defendant brings error.

Affirmed.

Jones, Evins, Powers & Jones, of Atlanta, for plaintiff in error.

Austin & Baykin, of Atlanta, for defendant in error.

Syllabus OPINION.

STEPHENS Judge.

1. The owner of an automobile who has intrusted it to another not his agent or servant, to be used by the latter for his own pleasure or amusement and not in the prosecution of the business of the owner, is responsible for damage proximately resulting from the negligent operation of the automobile by the person to whom it has been intrusted, where the latter is known to the owner to be a reckless and incompetent driver of an automobile, and legally incompetent by reason of his age to operate an automobile. 42 C.J. 1078.

2. Where one operates a bottling plant where soft drinks are bottled and loaded upon motortrucks and thence transported and delivered to designated points, and has a manager and superintendent of the plant in charge of the motortrucks, the manager is the servant or the agent of the operator of the plant to superintend and direct the operation of the motortrucks, and acts within his authority as such servant or agent in knowingly permitting a young, inexperienced reckless, incompetent, and financially irresponsible boy, about thirteen years of age, to operate one of the trucks out of the defendant's plant. Knowledge by the superintendent that it is the custom for boys of this character to...