Powers v. Williamson

• Decision Date: 07 November 1914
• Docket Number: 739
• Parties: POWERS v. WILLIAMSON.
• Court: Alabama Supreme Court

66 So. 585

189 Ala. 600

POWERS v. WILLIAMSON.

No. 739

Supreme Court of Alabama

November 7, 1914

Appeal from Circuit Court, Morgan County; D.W. Speake, Judge.

Action by Reba Powers against George D. Williamson for damages suffered in an automobile accident. Judgment for defendant and plaintiff appeals. Affirmed.

Callahan & Harris, of Decatur, and J.S. Kennedy, of Birmingham, for appellant.

Eyster & Eyster, of New Decatur, for appellee.

DE GRAFFENRIED, J.

George D. Williamson owned an automobile and was accustomed to drive his family about in it. He has a son, Neill Williamson who at the time of this accident, was about 20 years of age. Neill Williamson was not an expert driver of a car, and his father was afraid to permit him to use the car when not accompanied by a more experienced chauffeur. Will Skeggs, a friend of the Williamson family, had on several occasions accompanied George D. Williamson in his drives about Decatur in the automobile, and Mr. Williamson became impressed with the idea that Skeggs was an excellent chauffeur, and, in fact, that he knew perfectly well how to run and manage an automobile. It seems that Mr. Williamson had frequently complimented Skeggs on the way in which he drove a car, and had more than once told his son, Neill Williamson, that he desired him to observe the manner of Skeggs in handling a car. During the afternoon pending the night of the accident Neill Williamson told his father that he wanted to borrow his car for the purpose of taking some friends--three young ladies--on a pleasure ride, and the father, to use his language, replied that Will Skeggs had suggested to him that "any time you [Neill Williamson] wanted him to go with you, or I wanted him [to go with you], he would be glad to show you anything he knew about driving the car that you didn't know," "and I told him that, if Will would go with him and drive him, I would consent to let him have the car that time." The son thereupon saw Will Skeggs, and he agreed to become a member of the party and to drive the automobile. The son, therefore, having complied with the condition, became the proprietor of the car that time." The some thereupon saw Will Skeggs, and he agreed to become a member of the party and to drive the automobile. The son, therefore, having complied with the condition became the proprietor of the car for the evening and took his friends upon the pleasure ride. Miss Reba Powers, without the knowledge of the father, became a member of the party at the request of Will Skeggs. While on the ride the automobile ran into an obstruction, was turned over, and Miss Reba Powers received painful injuries. It is claimed that the accident to the car and the injuries which thereby resulted to Miss Powers were due to the negligence, both simple and wanton, of Will Skeggs.

This suit was brought against the father upon the theory that the relation of Will Skeggs to the father, on the named occasion, were such as to render the father liable to the plaintiff for the negligence, simple or wanton, of Will Skeggs while driving the automobile. the above statement gives the facts, and presents the only question which in this case we are called upon to determine.

1. Miss Reba Powers became a member of this automobile party at the request of Will Skeggs. Her own evidence shows that she went on this ride as his guest. The automobile was loaned by the father to the son for the purpose of enabling him to extend a...