Forsyth County NcArchives Court.....George C. Tudor Et Al, L. P. Tyree, Administrator V. 1921 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Connie Ardrey n/a December 14, 2009, 7:02 pm Source: North Carolina Reports Spring Term Written: 1921 L.P. Tyree, Administrator v. George C. Tudor Et Al (Filed 13 April, 1921) 1. Principal and Agent-Father and Son-Automobiles-Negligence of Son Where the son of an owner of an automobile has his son to operate it as his chauffeur, both for business purposes and for the comfort and pleasure of his family, and there is evidence that he has given his permission for his son, just over sixteen years of age, to use it in escorting the plaintiff's intestate, a young girl of about the same age, to a dance, it is sufficient upon the question of the fact of the agency of the son that would bind the father for his negligence which proximately caused the death of the intestate when returning from the dance in the automobile. 2. Same-Duty of Principle-Selection of Agent Where the father has given permission to his son to use his automobile for the purpose of the son to escort a young girl to a dance, the son being slightly over sixteen, and there is evidence that the son usually acted as the chauffeur of his father for business and social purposes, it was the duty of the father not to entrust the safety of the young girl to his son unless he knew that he was careful and prudent in the operation of the machine, and he is responsible in damages for the death of the girl, proximately caused by his son's recklessness in driving the machine while acting as escort. Appeal, by plaintiff from Finley, J., at November Term, 1920, of Forsyth. The defendant, George C. Tudor, is the father of Bynum Tudor, who at the time the plaintiff's intestate was killed in the automobile wreck was something over sixteen years of age, "living at the home of his father and under his care, custody, and control." George C. Tudor was the owner of two automobiles, which he kept on his premises for business purposes and for the comfort and pleasure of his family - one a large Hudson touring car and the other a Buick 6 roadster. Bynum Tudor was the chauffeur for the family - drove both of the cars - some times driving out with his mother in the large car and at other times with his father in the small car, and at other times alone; sometimes driving alone in the large car, and at other times in the Buick 6 roadster. On the night of 19 June, 1918, there was a dance for the young people at the Country Club, which was situated on a concrete road, about three miles west of Winston. Bynum Tudor invited Ruth Tyree, the plaintiff's intestate, a young girl nearly sixteen, to go in the car with him, and it is admitted in the pleadings that he procured the consent of his father to use the Buick 6 roadster for the purpose of taking her to the dance. There is evidence that he asked permission of his father to use the large car, but his father required him to take the small car. After the two young people arrived at the dance it is in evidence that he did not dance, but while the others were dancing he was driving his car on the concrete road extending from Winston to the Country Club, at a speed of 50 to 60 miles an hour, sometimes racing with other automobiles and sometimes with motorcycles. The dance broke up about one o'clock a.m., and Bynum Tudor was among the last to leave the club. In this car, besides himself as chauffeur, was his older brother George, and Ruth Tyree. The evidence is that he drove at a speed of 50 to 60 miles an hour - with the sparks coming out of the Buick's manifold some seven or eight inches long, passing car after car on this crowded thoroughfare on his way to the city. In passing Martin Goodman's car at this speed he turned in too short and side- swiped the Goodman car. The impact of the light Buick 6 roadster with the heavier car of Goodman threw the Buick roadster out of the road, whirling it over and over through the barbwire fence into a field along side the road, cutting down three posts, one of them six inches square, throwing the car 36 feet, leaving it upside down with its wheels in the air, and it front pointed in the opposite direction to that it was going. Bynum and his elder brother, who was in the car with them, were thrown out in a senseless condition, and the body of the young lady was found hanging on the strands of the barbwire fence in a condition so distressing and mangled that one of the men who attempted to move it fainted. Her practically lifeless body was rushed to the hospital, where she died almost immediately. Its condition was such that the authorities would not permit her parents to view it. The road was 50 feet wide, 20 in the center being concrete and 15 feet on each side being dirt road. Goodman testified that he was driving on the right-hand side of the concrete in two feet of the edge, and that Tudor came up from behind without blowing any horn and struck his car, and at the time going probably 60 miles an hour. The distance to which Tudor's car was thrown is also some evidence of the great speed he was going. There was evidence that Tudor was in the habit of driving his father around town in his car. At the close of the plaintiff's evidence, the court rendered a judgment of nonsuit, and the plaintiff appealed. Swink, Korner & Hutchins and Jones & Clement for plaintiff Manly, Kendren & Womble, Parrish & Deal, and Holton & Holton for defendant [NC Supreme Court] Clark, C.J. Upon our authorities, and upon the reason of the thing, we think this case should have been submitted to the jury, and the judgment of nonsuit is Reversed [See court case for Judge Clark's complete findings} File at: http://files.usgwarchives.net/nc/forsyth/court/georgect1263wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 6.1 Kb