MALCOLM E. WHITE, PLAINTIFF IN ERROR,
v.
JOHN HOLMES, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a judgment awarding damages against an automobile owner for injuries caused by a bailee-driver. The court held that an automobile owner who rents a vehicle without driver to a hirer is not liable for the bailee's negligence absent a master-servant or principal-agent relationship.
An automobile owner who rents a vehicle without driver to a bailee for hire is not liable for injuries caused by the bailee's negligence, absent a finding that the owner was negligent in hiring a defective car or renting to someone unfit to operate it, or absent a master-servant or principal-agent relationship.
“There was no relation of master and servant or of principal and agent between the bailor and the bailee, but a mere bailment for hire by one engaged in the particular business of hiring automobiles without drivers to others for their own purposes.”
Establishes that the relationship between owner and renter was a simple bailment for hire, not an employment relationship
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Join FLexlaw to unlock all legal intelligenceMalcolm White sued John Holmes, the owner of an automobile rental business, for injuries suffered when Holmes's rented automobile was involved in an a…
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Whitfield, J.
This writ of error was taken to a judgment awarding damages against the owner of an automobile for an injury done in the operation of the automobile by a bailee for hire of an automobile from its owner who kept automobiles for hire. The owner did not furnish the driver and it is not shown to have been negligent in hiring a defective car (Collette v. Page, — R. I. —, 114 Atl. Rep. 136, 18 A. L. R. 74), or in hiring the automobile to one he knew or should reasonably have known was not a proper person to operate it on the public highway. See Wilson v. Brauer, — N. J. —, 117 Atl. Rep. 699. There was no relation of master and servant or of principal and agent between the bailor and the bailee, but a mere bailment for hire by one engaged in the particular business of hiring automobiles without drivers to others for their own purposes.
The facts of this case do not support a rule of liability on the part of the owner of the automobile. See Rhodes v. Bonde, 152 Minn. 398, 188 N. W. Rep. 1002; Atkins v. Points, 148 La. 958, 88 South. Rep. 231; Hornstein v. Southern Boulevard Ry. Co., 138 N. Y. S. 1080; Huddy on Automobiles (7th ed.) 771.
The rules of liability stated in Anderson v. Southern Cotton Oil Co., 73 Fla. 432, 74 South. Rep. 975, and Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 86 South. Rep. 629, have reference to the facts of those cases showing a relation of employer and employee or principal and agent.
The present statutes of the State regulating the operation of motor vehicles on the highways in the State do not require an extension of the rule of liability applicable to owners of motor vehicles as stated in the above cited cases.
Reversed.
West, C. J., and Elms and Terrell, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Warner v. Goding, 91 Fla. 260 (Fla. 1926)…ster either express or implied. The master is not therefore liable, the motion for an instructed verdict should have been granted so the judgment below is reversed. Eppinger & Russell Co. v. Trembly, decided June Term, 1925; White v. Holmes, Fla. —, 103 South. Rep. 623; Pemberton v. Morris Fertilizer Co., 287 Fed. Rep. 517. Reversed. Brown, C. J., and Whitfield, Ellis, Strum and Buford, J. J., concur.…
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Finney P. Lynch v. Walker, 159 Fla. 188 (Fla. 1947)…efendant’s amended second plea. 2. The Court erred in its order entered November 9, 1946, after rehearing, where it sustained plaintiff’s demurrer to defendant’s amended second plea. The appellant bases his claim for reversal upon White v. Holmes, 89 Fla. 251, 103 So. 623, which in effect held that a bailor on an automobile for hire was not liable for the torts of the bailee. In this White v. Holmes Case the ratio decidendi seems to be reflected in these words, [*191] “. . . There was no relation of mast…1 / 3
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Engleman v. Traeger, 102 Fla. 756 (Fla. 1931)…le is a dan [*759] gerous instrumentality, is not liable for a tort committed by a bailee in the use of such instrumentality, the lower court granted a new trial. But the alleged bailment is not such as was involved in White v. Holmes, 89 Fla. 251, 103 So. 623, where this Court held that where one keeps an automobile for hire, and in the usual course of business, hires the automobile without driver to another, who in operating the car injures a third person, the owner of the ear is not liable for damages…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kraemer v. Gen. Motors Acceptance Corp., 572 So. 2d 1363 (Fla. 1990)
- S. Cotton Oil Co. v. Anderson, 80 Fla. 441 (Fla. 1920)
- Anderson v. S. Cotton Oil Co., 73 Fla. 432 (Fla. 1917)