Sutton

Sutton v. Tanger

Good Law
115 Cal. App. 267·1931 Cal. App. LEXIS 628·1 P.2d 521
Court of Appeal of CaliforniaJune 29, 1931Docket No. 7572.California1,209 words

Opinion

Lead Opinion

Gray, J.

In the above-entitled actions, tried together before a jury, each respondent recovered a judgment for injuries received in a collision between an automobile operated by Dorothy Sutton and in which F. N. Almstead was a passenger, and another automobile, owned by appellant and operated by a renter. Appellant first contends that his demurrers to each complaint should have been sustained, because, while the facts pleaded show his liability under section 1714% of tlie Civil Code, such section violates the requirement of article I, section 11, of the state Constitution that all laws be uniform, by failing to be applicable to owners of horse-drawn vehicles. As broadly stated by him, this criticism is equally applicable to all the regulations of the California Vehicle Act, which have been repeatedly held constitutional in that regard. (Matter of Application of Schuler, 167 Cal. 282 [Ann. Cas. 1915C, 706, 139 Pac. 685 ]; In re Schmolke, 199 Cal. 42 [ 248 Pac. 244 ]; Old Homestead Bakery, Inc., v. Marsh, 75 Cal. App. 247 [ 242 Pac. 749 ].) More narrowly stated, the section does impose upon an automobile owner alone, a new liability analogous to the doctrine of respondeat superior, without…

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