Hutchins

Montgomery v. Hutchins

Good Law
118 F.2d 661·1941 U.S. App. LEXIS 4072
United States Court of Appeals for the Ninth CircuitMarch 26, 1941No. 9543California3,599 words

Opinion

Lead Opinion

Haney, J.

This appeal questions the validity of judgments entered in favor of appellees in actions brought by them to recover for personal injuries sustained in an automobile accident in which appellant’s chauffeur was operating appellant’s automobile.

Lynch was employed by appellant as a chauffeur on February, 20, 1938’, and was instructed that he was not to use appellant’s automobile for his personal use, and not to get drunk. On April 10, 1938, appellant and his wife left for Chicago from Los Angeles on a train at 11:30 a.m. Lynch was directed to drive the automobile to Chicago. Lynch and his wife left Los Angeles, with their baggage and a golf bag belonging to appellant, about 6:30 p.m. on the same day, and while driving on the highway (United States Highway 101) toward San Diego at a, point two and one-half miles north of Oceanside, had a collision with a Ford automobile, in which the occupants of the latter were injured.

Ruth Hutchins and Edna Lucille Hutch-ins, minors, by a guardian ad litem and their father brought an action in which the minors sought to recover for the injuries sustained by them, and the father sought to recover for moneys expended by him for hospitalization and…

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