Elliott v. Harding
Elliott v. Harding
Opinion of the Court
In order that the bench and bar may not misunderstand the scope of this decision, or misconstrue the breadth of the principles herein declared, it is deemed proper to state what this action is and what it is not. While the petition contains an allegation of the relation of parent and child, there is no allegation, nor is there any proof, that the son was engaged in any business or enterprise in which the father was beneficially interested. The' allegations of the petition do not permit any recovery in this case upon the mere basis of the relation of father and child. Even if such a contention were made, it is definitely settled by the former decisions of this court that, in a case where the father is the owner of a machine which is being used by the son solely for the son’s pleasure, there is no liability on the part of the parent on the basis of relationship alone, and that in all such cases it is necessary to establish the further relation of principal and agent, or master and servant, and that claims for damages are governed by the rules applicable to such relations only. This is clearly the pronouncement of this court in the case of Elms v. Flick, 100 Ohio St., 186, 126 N. E. Rep., 66.
Neither is the allegation of the relation of parent and child asserted in this case as the basis of recovery on the ground of the doctrine of “family purpose.” That the rule of liability does not exist on that ground has been settled so far as this court is concerned in the case of Bretzfelder v. Demaree, 102 Ohio St., 105, 130 N. E. Rep., 505. The liability of the owner of an automobile for damages caused by its negligent operation while in the hands of a third party has by the former decisions of this
The pleadings and the proof in this case must be measured not by the rule of the doctrine of respondeat superior, but by the rule of liability for negligence in intrusting the machine to a person alleged to be so young, unskillful, and inexperienced as to render him incompetent to operate it, and upon the further theory that such alleged incompetence of the son was coupled with alleged negligence, resulting in damage to third persons. Upon this theory, quite apart from any consideration of the doctrine of respondeat superior, we have carefully examined the record of the testimony offered by the plaintiff below, and we agree with the Court of Appeals that there was testimony of such character as tended in some degree to support the allegation of the incompetency of Charles Elliott, Jr., and further testi
Although we have so far discussed this matter upon principle, authority is not lacking to support the views herein expressed. In the case of Gardiner v. Solomon, 200 Ala., 115, 75 So. Rep., 621, L. R. A., 1917F, 380, the following is declared in the syllabus:
“The owner of an automobile is liable for injury inflicted on a pedestrian by an adult son in the use of a machine under circumstances where the doctrine of respondeat superior would not apply, if the son was, to the knowledge of the owner, incompetent to handle the machine with safety.”
From the opinion (200 Ala., at page 117, 75 So. Rep., 623 [L. R. A., 1917F, 380]) we quote:
“While automobiles are not inherently regarded as dangerous instrumentalities, and the owner thereof is not responsible for the negligent use of same, except upon the theory of the doctrine of respondeat superior, yet there is an exception if he intrust it to one, though not an agent or servant, who is so incompetent as to the handling of same as to convert it into a dangerous instrumentality, and the incompetency is known to the owner when permitting the use of the vehicle.”
In Daily v. Maxwell, 152 Mo. App., 415, 133 S. W. Rep., 351, recovery was sought against a father for injuries inflicted by bis son, who was operating the
“Boys are very apt at learning how to run vehicles of all sorts — more apt than men — and the evidence before us is all to the effect that Ernest was a bright boy and careful, too, for one of his years. But he was only a boy and the jury were entitled to say, from the mere fact that he was only sixteen years old, that he lacked the judgment, discretion and care to be expected of a mature person, and which was essential to the proper and careful operation of a vehicle so powerful as ah automobile.”
It should be stated that other courts in other cases have declared a different doctrine, but we think the principles herein declared sound the safer and more humanitarian doctrine.
Inasmuch as under the conclusions we have reached the cause must be remanded to the court of "common pleas for a new trial, we refrain from any discussion or analysis of the testimony. The testimony of the defendant has not yet been offered, and the cause should be retried uninfluenced by any expressions on the part of this court as to the conclusions which should be reached by the jury upon the testimony of plaintiff’s witnesses adduced at the former trial. The judgment of the Court of Appeals is therefore affirmed.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.