Joan Hess v. E. B. Bennett and Jack E. Bennett, Doing Business as E. B. Bennett & Son, and Marion M. Hughes

This is an action by appellant, based on diversity of citizenship, to recover from appellees damages for personal injuries suffered while a passenger in an automobile driven by appellee Marion Hughes and owned by appellees Bennett. The cause was tried to a jury and eventuated in a verdict and judgment adverse to appellant.

The Bennetts are automobile dealers at Burns, Oregon, and Hughes was one of their employees. On the occasion in question Hughes was authorized by the Bennetts to take a certain 1949 Mercury car owned by them from Burns, Oregon, and deliver it at Portland. With the Bennetts’ permission Hughes invited his sister Joan Hess (the appellant), and Jerry Hess, her husband, to accompany him on the trip. It appears that some weeks previously Hughes had driven this car on another trip and had had trouble with the door on the driver’s side, and had to tie it shut. A new latch was then placed on the door by a mechanic in the Bennetts’ employ at their garage. There was no evidence that this car door had ever opened while the vehicle was being operated; the difficulty referred to in the testimony related only to the matter of getting it closed. Nor was there evidence that any…