288 F. 352 | 9th Cir. | 1923
(after stating the facts as above). [1] Error is assigned to the denial of the defendant’s motion for an instructed verdict in its favor for the plaintiff’s failure to prove her allegations of negligence. There was evidence that the decedent, together with his son, 16 years of age, and another man, were riding in a Chevrolet roadster through the town of Monitor. All three knew how to drive automobiles. The decedent was familiar with the road as it passed through Monitor. Not long before the date of the acci
The question of the contributory negligence of the decedent and his son was submitted to the jury under proper instructions. This court has held that the negligence of the driver of an automobile will not as a matter of law be imputed to a passenger or guest who is riding in the machine, although the latter must exercise due and reasonable care for his own protection and safety, Hines v. Johnson (C. C. A.) 264 Fed. 465. The occupants of the machine in this case were perhaps misled by hearing the whistle of train No. 1 going west two hours late, and running on the time of No. 26 going east, and by their failure to hear any signal of. the approaching train. • It may have been that their vision was obstructed by the standing empty box cars and the freight cars, some of which were being unloaded on trucks. There was the, further fact that the sound of the rapids of the river nearby was sufficient at times, to drown all sound of approaching trains. Under the circumstances, the question of contributory negligence was peculiarly one for the jury.
“Upon the sale of any motor vehicle, the delivery thereof shall not be deemed to have been made until the vendor shall have removed his number plates therefrom and the vendee shall have secured a license therefor and placed the new number plates thereon.” Laws Wash. 1915, p. 391, § 13.
The proof was that the automobile had been purchased by the decedent and a vehicle license had been issued in his name, and that it so stood of record at the time of the accident; but there was testimony that he had given the car to his son. In Peters v. Casualty Co. of America, 101 Wash. 208, 172 Pac. 220, the court, in construing the statute, held that, in a case of an action for personal injuries suffered through the negligence of the driver of an automobile, it would be conclusively presumed that, “so far as the rights of the public are concerned,” the person to whom the vehicle license has been issued was the owner of the car, if he permitted his license number" to remain on the car after he had executed a contract purporting to convey the title to another.
In the case at bar we are not convinced that it was error to refuse the requested instruction. The state statute so cited is in the nature of a police regulation for the protection of the general public, to enable one who is injured by the negligent driving of an automobile to localize responsibility and to identify the person answerable therefor by a public record showing the licensee of the vehicle. The case at bar is not within the evil intended to be remedied by the statute. The plaintiff in error had no occasion to know who was the licensed owner of the automobile in question, and it could make no difference to it whether the car belonged to the decedent or to his son or to some other person.
We find no error. The judgment is affirmed.