Saunders Drive-It-Yourself Co. v. Walker

• Decision Date: 22 June 1926
• Parties: Saunders Drive-It-Yourself Company v. Walker.
• Court: United States State Supreme Court — District of Kentucky

215 Ky. 267

Saunders Drive-It-Yourself Company v. Walker.

Court of Appeals of Kentucky. (Common Pleas, Third Division).

Decided June 22, 1926.

1. Automobiles. — That driver of rented automobile, who ran into another car, declined to give his name, held immaterial in action by owner of damaged car against hirer.

2. Evidence. — Statement by driver of rented automobile, immediately after accident and before he telephoned for help, that collision was all his fault, held admissible in action by owner of damaged car against hirer, since time for reflection had elapsed.

3. Evidence — Statement by Driver of Rented Automobile, Who Ran Into Another Car, Made After They had Telephoned for Help and When Hirer's Superintendent was Not Present, Held Inadmissible. — Statement by driver of rented automobile, after collision and after he had telephoned for help and before hirer's superintendent arrived, held inadmissible in action by owner of damaged car against hirer, since time for reflection had elapsed.

4. Evidence. — Statement by driver of rented automobile, who ran into another car, made after hirer's superintendent arrived, that he had only driven car three times, held competent in action by owner of damaged car against hirer.

5. Automobiles. — Hirer of automobile is not liable for damage caused by rented car, unless he knows or should know that person hiring it is incompetent to drive it.

6. Automobiles. — Evidence held insufficient to show that hirer of automobile knew, or should have known, that person hiring it was incompetent to drive it.

Appeal from Jefferson Circuit Court

WILLIAM M. DUFFY and A.J. BIZOT for appellant.

ALLEN P. DODD for appellee.

OPINION OF THE COURT BY COMMISSIONER HOBSON.

Reversing.

The Saunders Drive-It-Yourself Company operates a garage in Louisville at which it hires out its automobiles to persons who drive the cars themselves. On May 15, 1923, it hired a car to one Carl Webb, and while Clarence E. Walker was driving home in his automobile in a westerly direction on Oak street, Webb, driving the car which he had hired, was driving eastward, and in passing a truck his car, which was running rapidly, skidded on the wet street and ran into Walker's car, badly damaging it. Walker brought this suit to recover the damages he sustained, and a judgment having been rendered in his favor for $500.00 the Drive-It-Yourself Company appeals.

The first question presented is, was the defendant entitled to a peremptory instruction? The fact that Webb declined to give his name was immaterial, but his statement that it was all his fault, if made immediately after the accident and before they telephoned for help, may properly be admitted, but what passed between them after they telephoned for help is not competent unless appellant's superintendent was present, for time for reflection had then elapsed. Walker also testified that after the superintendent of the company came Webb said to the superintendent, "`Mr. Walker wasn't to blame at all, it was my fault entirely.' I...