Pontius
Pontius v. McLain
Opinion
Lead Opinion
Barnard, J.
This is . an action for damages for injuries received in a collision between two automobiles which occurred in the city of Los Angeles on April 5, 1927. The plaintiff herein was driving one of the machines and the other was driven by the defendant Meadows and owned by the defendant McLain. The defendant Meadows reached his fourteenth birthday on March 28, 1927, eight days prior to the accident. On his birthday he applied to the Motor Vehicle Department for an operator’s license, in accordance with the provisions of the Motor Vehicle Act. At that time his father was absent from California, and for some four months he, with his mother, had been living at the home of defendant McLain, who is his maternal grandfather. On the day of the collision here in question he received from the Motor Vehicle Department a temporary permit to drive an automobile, and this accident occurred on the evening of that day, while he was driving his grandfather’s car, accompanied by another boy who had no license. Defendant McLain testified that his grandson took his car without his consent and against his instructions. The grandfather was sued on the theory that the boy’s negligence was imputed to him…