California Courts of Appeal, 1934

Plumpe v. Tanner Motor Livery, Inc.

Plumpe v. Tanner Motor Livery, Inc.
California Courts of Appeal · Decided March 23, 1934 · STEPHENS, P.J.
30 P.2d 1020; 137 Cal. App. 509; 1934 Cal. App. LEXIS 958 (Pacific Reporter, Second Series)

Plumpe v. Tanner Motor Livery, Inc.

Opinion of the Court

This is an appeal from a judgment of nonsuit in favor of defendants and against the plaintiff. Upon the filing of appellant's opening brief respondents (defendants below) moved the dismissal of the appeal or the affirmance of the judgment.

An automobile with chauffeur was hired and the hirer's valet took the wheel with the hirer's consent. The vehicle upset and killed the hirer. His mother brought suit against the chauffeur and the owner.

[1] The hirer's consent to his valet's operation of the vehicle was in effect a complete assumption of all risks encountered *Page 510 thereby, so far as the chauffeur and the owner are concerned.

The judgment is affirmed.

Craig, J., and Hahn, J., pro tem., concurred.

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