Cooke

Cooke v. Tsipouroglou

Bad Law
1963 Cal. LEXIS 199·31 Cal. Rptr. 60·59 Cal. 2d 660·381 P.2d 940
Supreme Court of CaliforniaMay 29, 1963L. A. No. 27129California2,434 words

Opinion

lead Opinion

Gibson, J.

Plaintiff brought this action for damages for injuries suffered when the automobile in which she was riding, driven by her husband, Jack Cooke, collided with an automobile owned by one of the defendants and driven, with permission of the owner, by the other defendant. The trial court, sitting without a jury, found that negligence of each of the drivers was a proximate cause of the collision and, on the basis of a finding that the automobile in which plaintiff was riding was owned by plaintiff and her husband “jointly” but not as community property, concluded that the negligence of her husband was imputable to her and barred her recovery. Plaintiff has appealed from the ensuing judgment for defendants.

When plaintiff and her husband purchased the automobile their application for transfer of registration was made on an official form of the Department of Motor Vehicles, and on the same form was a release of ownership signed by the previous owner. The new certificate of ownership listed the ‘ registered owner ” as “ Cooke Jack or Margaret. ’ ’

Section 17150 of the Vehicle Code (formerly subdivision (a) of section 402) provides: “Every owner of a motor vehicle is liable and…

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