Hayward v. Ginn - Court of Criminal Appeals of Oklahoma

Hayward v. Ginn

By Court of Criminal Appeals of Oklahoma

  • Release Date: 1957-01-22
  • Genre: Law
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Hayward v. Ginn Court of Criminal Appeals of Oklahoma Book Review Score: ★★★★★ 5/5 stars

2 This action arose from an automobile collision at intersection of U.S. Highway 166 and a county road approximately three miles east of Baxter Springs, Kansas, and within that state. On September 16, 1952, the plaintiffs car was proceeding east along said highway, as was the car of the defendant. Plaintiff alleges in her petition that she was operating her automobile, but this is denied by the defendant, who alleges that plaintiffs daughter was the driver. At the intersection mentioned, the two automobiles collided by defendants car hitting plaintiffs car from the rear. The plaintiffs allegation is that she was attempting to turn on to the county road and had given a proper signal of her intention and that the defendant negligently and in violation of certain statutes ran into her car from the rear. The defendants allegation is that the plaintiff negligently gave a variety of signals and then stopped in the middle of the road without any warning and in violation of certain statutes. The defendant filed a cross-petition based on the alleged negligence of the plaintiff in knowingly permitting her daughter, Mary Grube, a minor under eighteen years of age and not authorized to operate a motor vehicle, to drive plaintiffs car at the time of the collision. Also alleged was that the plaintiff was contributorily negligent, that the accident was unavoidable, and that Mary Grube was the agent of the plaintiff. Plaintiff filed a reply denying these allegations. Both parties pleaded certain statutes of the State of Kansas. Those material to this decision are G.S.Kan. 1949, 8-263, which forbids a person from knowingly permitting his child under eighteen to drive when not authorized under the provisions of the uniform license act, and G.S.Kan. 1949, 8-264, which forbids any person from knowingly permitting a motor vehicle owned by him or under his control to be driven by any person not licensed.

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