287 S.W. 895 | Ky. Ct. App. | 1926
Affirming.
The appellant was run over and injured by an automobile belonging to appellee and driven at the time of the accident by appellee's son, Philip Kraut. Appellant brought suit against appellee for the injuries she had thus sustained, and at the close of her evidence the court peremptorily instructed the jury to find for the appellee. The question of the correctness of this action on the part of the court is the basis for the present appeal.
Appellant grounded her action against the appellee on the family purpose doctrine established by this court in the case of Stowe v. Morris,
We are of opinion that under these facts Philip Kraut was not at the time of the accident herein operating appellee's automobile in such a relationship to her as to fasten liability upon her for the accident under the family purpose doctrine. As well said by appellant's attorney, it is of but little value to refer to the opinions of other courts because they are so hopelessly divided on the correctness of the family purpose doctrine, but the inquiring reader may find a large number of these cases collected in Landry v. Richmond,
The judgment of the lower court is therefore affirmed.