Woods v. Clements

• Decision Date: 30 April 1917
• Citation: Woods v. Clements, 75 So. 119, 114 Miss. 301 (Miss. 1917)
• Court: Mississippi Supreme Court
• Parties: WOODS v. CLEMENTS

75 So. 119

114 Miss. 301

WOODS v. CLEMENTS

Supreme Court of Mississippi

April 30, 1917

March 1917

Division B

APPEAL from the circuit court of Lauderdale county, HON. W. W VENABLE, Judge.

On Suggestion of Error, see 74 So. 422.

Suggestion of error overruled.

Amis & Dunn, for appellant.

Neville, Stone & Currie, for appellee.

OPINION

ETHRIDGE, J.

We have read and considered the cases cited by the appellee in the suggestion of error which were not contained in the original brief, but we do not think these cases militate against the views expressed in the original opinion. In all of these cases the principle was recognized by the courts that to make a person liable in damages for injury inflicted in the operation of an automobile that the relation of master and servant must exist; and, second, that the car must have been used at the time of the injury in the course of the master's business. The sons and daughters referred to in the cases were either minors or in the employ of their parent, and the automobile at the time being used in the business. We cannot consent to the suggestion that an adult daughter, who may happen to be living with the parent as a member of the family is, in the absence of contract, either expressed or implied, a servant of the appellant. The appellant's daughter was an adult and not subject to the legal control of her parent, and there is...