Plumpe v. Tanner Motor Livery, Inc.

California Court of Appeal

Plumpe v. Tanner Motor Livery, Inc.

137 Cal. App. 509

CourtCalifornia Court of Appeal

DecidedMarch 23, 1934

DocketCiv. No. 9062

StatusPublished

This text of 137 Cal. App. 509 (Plumpe v. Tanner Motor Livery, Inc.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Plumpe v. Tanner Motor Livery, Inc., 137 Cal. App. 509 (Cal. Ct. App. 1934).

Pincite

Opinion

STEPHENS, P. J.

This is an appeal from a judgment of nonsuit in favor of defendants and against the plaintiff. Upon the filing of appellant’s opening brief respondents (defendants below) moved the dismissal of the appeal or the affirmance of the judgment.

An automobile with chauffeur was hired and the hirer’s valet took the wheel with the hirer’s consent. The vehicle upset and killed the hirer. His mother brought suit against the chauffeur and the owner.

The hirer’s consent to his valet’s operation of the vehicle was in effect a complete assumption of all risks en[510]*510countered thereby, so far as the chauffeur and the owner are concerned.

The judgment is affirmed.

Craig, J., and Hahn, J., pro tem., concurred.

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