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The Washington times. [volume] (Washington [D.C.]) 1902-1939, January 31, 1920, FINAL EDITION, Image 7

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"SSSr* i OWNER'S RESPONSIBILITY IN ACCIDENTS i ATSvt'
LEGAL POINTS FOR
AUTOMOBILE OWNER
, ?? ort imal rounmNDRNT.
Tbe davelopn\ent of lb* law ftUIIni U
? uImmMIn b*f bMa u pkwtaitntl a* lb*
development of the automobile laduatry It
??If Till btM?a, Mkiaiu and court Jecis
loaa that ??? tbelr aiiattoc* to tbla com
peratlvely new field of Industry, and <loal
delusively with It, repreaent tba eyulva
lent of many hundreds of volumes and ac
tually amount la maay hundreds of tbou
eai.da of pages of printed malarial
Tbgt practically everybody la vary deeply
s Reeled by this a?a and avar (rowing Itelrt
ff law lg ? proposition that probably look*
? tba ? Journalistic exaggeration <If tbara la
? uob a euphcinlatlc modification of tba
trvlb), but aa will b? aeea from tba aarlaa
af articlra wblcb will appear In Saturday'*
Automotlv* Hsctlon of Tba Times eaoh
waah. and of which tbla la tha fourtaanth.
ths atatamant made will baar tba severest
test.
In this eerlaa It la propoaad to fat tba
"l?e*l" oat of the law relating to auto
mobiles and to praaant It In euch a form
'bat It will Intareat. lnatruct and help
Tim is readers In tbe great variety of ?it
?stlona wblcb arlae from time to time out
nr tha ownarablp. uae. aala, purchase, man
ufacture, repair or atorage of automobllea,
or from the conditions due to the general
uae of automobllea In tha variegated com
plications of ?ur dally exlalencc.
In pr?Tioua articles attention waa
callod to the mis of law that tho
' owner of ? ear la not legally reapon
albla fur an accident which uccara
while hla chaulTaur la ualiif the car
without hla employar'a knowledge
. and agalnat hla inatructlona. An at
I tauipt waa made In a recant New
York daclaloB to cat away from this
rule and to hold a motorist liabjle
undar tha clreuinatanraa above Indi
cated upon proof that In tha particu
lar caaa In queatlon the chauffeur had
been employed only tha day before
tha accident, repreaentlng himself tu
tha owner of the car aa a comj^tetit
and duly llceuaed chauffeur, when the
fact waa that ha waa not an experi
enced -Irlver and had no llcenae.
The argument waa that the owner
could have dlacovered tha facta with
out difficulty had ha made Inquiry,
and that the law ahould hold him ra
aponalble for an accident due to hl?
employment of unqualified help.
Thla ar(u nent did not aPt>eal to
the court, however, which held that
an employer la entitled to rely upon
the repr< aentatlonn of a proapectlve
employe until he learna from experi
ence or otherwise that they are un
true.
In another New York caae juat de
cided It la held that a verdict against
the owner of a truck la not juatlfled
where the only evidence of alleged
negligence conslsta of the violation
of an ordinance requiring trucks to
be driven near the curb. There must
be a direct connection between un
accident and a violation of law at
the time of Ita occurrence to render
the owner liable. The aume case
recognizee that the violation of speed
ANY
CAR
SERVES
1814-1818 E St. N. W.
Franklin 7201
Theodore P. Heap and Henry S. Wood
ANNOUNCE
_ . THE OPENING OF
?t
The Um?ersal Tire and Accessory Store
At 1502 14th St N. W.
-4 1
In order to make room for a shipment of Diamond
Tires we are selling a miscellaneous stock of
TIRES AND TUBES AT 60% OFF LIST PRICE
VULCANIZING AND RETREADING AT \0r'o
LESS THAN REGULAR PRICE
WE WANT YOUR PATRONAGE ,
Universal Tire and Accessory Co.
1502 14th St. N. W.
A WEEK
IMMEDIATE DELIVERY
OF ALL MODELS
Built in Our Own Factory
At Philadelphia
Guaranteed 5 Years
The Standard of America
Perfect in Design, Material and Finish
Equipped With the Famous $10.00 Firestone Blue
Top Non-Skid Tires
Riding a BLACK BEAUTY Means Enjoying Good
Health?START NOW
Haverford Cycle Co.
522 10th St. N. W. (Below F St)
Main 6588
regulations la always evidence of
negligence which tha jury may take
Into consideration aa Indicating re
aponaiblllly lor an accident.
The company and not tha
person hiring the car la hold to be
i eaponaible (?" an accident i.notr
the following clrcumatancaa: Tha com
pvny rents tha < ar und- r a written
agreement requiring It to furnlih a
chauffeur, who la to drive tha tilrar
wharavar ha wanta to go and to pay
ill axpanaea connoctod #Hli ili? main
tenance and .pe.-til.m of tne tar. It
further undertook to provide iM^r
anca protectli.t for the hir?** against
liability for ntCbl) acrident AH
i!li actions In (he iM of tha car uiie
given by the hlror, who a Ian fur
nished inaala ta tl.? ehuuTtor when
jeeaaion required. Ihvugh tlila .vaa
not etipulatil in .h* contrail
An llluatrat'in of the rule that
(.either party t'i ?i accident .a tn
tilled to dania?*? from the oiler If
both were K'K'ly of li**llitttira,
though In different degrees, la fur
niahed by a re cnt t>hi.> dcclalit. In
thla case It .tppenis that a. motor
truck apprjajlicil a atree. car cuss
? ng at a g'*all> ex.-ci.alve jpted. al
though th > vli* of ilia .rmla was
obatructed by treea, and that a atreet
car was ala.t appioa-'h py u>a ir as
at an excessive rate of speed. A col
lision reaulted. It is clour 'hat the
accident could not havo happened it
either of the partlea had been free
from fault, hence n?!?n ?,? cotilil re
cover the damages auualue'l.
Mother-in-law had a hand in tha
making o. .1 ,? . <? ui lllh ju . me. > .
perennial question of whether undsr
the peculiar facta of partlcu at cases
the ownei of a car m?y be li-jld :e
apor.(.ibit. for an accident v. hen ?he
car lii i>elng driven by a m< inb-;r of
h? i fr ir.ily It appears in i r.?ctnf
decision of the court of appeals < f
New York that the brother-ln-iav c.f
the owner, being u guest ut the In
ter'a home, borrowed the car > t hi?
h ut to drive n< ther guest iiomt,
thla other being the hoat's nio.iu , ? a
1 w. An i. to be expected from audi
a combination of facta, an accitl?iu
occuirtd during the trip, und liio in
jured perfon attempted to ? nforcc a
?'aim for dnmag a againat the ? wner.
The court held that the owner, was
not liable, he not having consented to
111 14 ?'J Vi a4. h kAt V.l %-iaw ail |
question.
In a number of recent decisions It I
has been held that liability cannot be
fixed upon the owner upon the mere !
proof thut his car caused the <accl- !
dent; In addition t > ownership it must !
be proved, according to these deci
sions, that at the time of the acci
dent the car was being driven by the ,
owner, or by aome one who had an- i
thorlty, expressed or Implied, to drive
it as his agent or on his account. I
Otherwise, these decisions slickest,
owners would be frequen ly mulcted
in damages In cases where their
cliauf.'eurs surreptitiously use their |
employers' cars whenever opportunity 1
affords.
A decision of the supreme court of
Michigan holds that the above rule
does not apply?or at least that the j
Inferences from the facts supply the '
necessary additional proof?where It j
Is shown that the accident occurred 1
during the usual business hours, that
the driver was tn the owner's employ j
at the time of the accident, and that I
the car was used by the owner for
his general business purposes at
about the time the accident occurred.
In fixing the damage* to which a
motorist is entitled where his car
lias been put out of commission
through the negligence of another,
no allowance is made for the use of
nnother car owned by him, or for the
cost of storage of the damaged car
pending Its repair or disposition, or
for the wages paid the chauffeur
while the car Is out of use. Nor Is
any allowance made for the loss of
pleasure, comfort an dconveniencc
entailed while the car Is being re
paired.
A current law Journal points out
that one of the titles of a recent vol
ume of law Is: "Attorney's Fees?
Automobile." It Is suggested that
some lay motorist might be able to
deal with that phase of the subject j
with first-hand knowledge of the un- !
derlying facts.
If ywi are in doubt about any'
legal jtoints relating to automobilet,
write to L. J. Faulkner, Automotive
Editor of The Washington Times.
Help Make Washington Safer. I
Brute Power Mastered By a Child
I
The Master Five-Ton Truck Dump, Now Being Exhibited in
Street* of Washington. The Dump Can Be Operated by a
Ten-Year-Old Child.
"Political Macadam" Gives
Way to Practical Concrete
Surfaces.
What it means for it State to tako
hold of its road problem from a Stat**
point of view Is set forth In the Story
of Delaware Highways, Just publish
ed by the Delauarc Ctatn Program.
The Delaware State Program la a co
operative agency representing five of
ficial State departments one of which
la the highway department.
About live year.' ago there wan not
one mile of really permanent road, in
the modern meaning of the term. In
the State of Delaware. Today there Ik
under construction or inmicdiatvly
planned, a we!! conceived plan of prl
'nary north to south Slate road*, sup
plemented by an extensive system of
"State aid" roads, running east to
wert nnd connecting with the State
system. True, the roads are not com
pleted, and not all of them me yel un
der contract. The State primary
system, as outlined, covers 27<> miles,
of which seventy-three mllea are now
complete.
Convert to t'oarrelf.
Like most of the other States of the I
country In their modern rond-build
ing programs. Delaware is a convert
to the concrete road. There are many
arguments for the concrete road, but
the outsanding one |h the small cost
of maintenance. The experience of
Wayne county, Michigan a pioneer
in trying out the concrete road, seems
to prove this, to say nothing of the
later experience of other States and
communities. In the I.elaware High- i
way pamphlet it Is set forth that the ,
cost of maintaining one mile of con
crete per year does not exceed an ?v- |
erage of flOrt per mile?-a vivid con- >
trast to the sums, ranging up to
$1,500 or beyond, per mile, which are
still being expended In many commu
nities for road maintenance.
Kond building as a State enterprise
Is still not very fully developed in
this country. The Delaware State
highway department was not estab
lished until 1917. In Delaware, as In
other States, the work that normally
would have been done during the past
few years was greatly held up by the
war-time cost of labor and materials,
and by the rulings of the War Indus- !
tries Hoard. In view of these things,
the Delaware story of State roads is
a story of distinct accomplishment.
"State Aid" Important Feature. j
One very Interesting point brought ,
out In the pamphlet u the growth of
the "State aid" Idea. Inevitably, when
a State takes hold of its roads as a
State matter, it comes at once to
URINGthe sharp
Spring weather
you will appreciate
the all weather
merits of OILDAG
Lubricated with OILDAG
your motor will start per
fectly without cold weather
troubles, and deliver max
imum service with mini
mum wear, and reduced oil
and gas consumption.
DISTRIBUTORS:
Rudolph & West Co.,
1M2 York Avf. N. W.
National Electrical Supply Co.,
I3M Kemr v?rh Ave. K. W.
F. P. May Hardware Company,
4* C Street
Acheson Oildag Company,
MO r Strret sr. w.
recognize the need of an effective
"Htate aid" system. V'p to the pres
M( time. Delaware has been appro
prlatlnK as "Htate aid" for road build
ing only $30,000, $10,000 (or each
county. This year the Htate Highway
Department la making available tor
"Htate aid" road work $750,000?$"50.
000 for each county.
Another Interesting point that
c<-men out in the Delaware pamphlet
is the Increase In Htate funds for road
building through automohlt? receipts.
In Delaware State road fund* come
from two sources?Income tax rev
enue over $250,000 (which la very
small) and automobile receipts, In
cluding fees for registration of vehi
cles and fees for the licenses of driv
ers. It Is a notable fact that the
automobile receipts for nine months
of the year 19lit were almost eight
times what they were for the entire
year 1914, and more than double what
they were In 1917. The volume of
automobile traffic works both ways!
It makes modern permanent roads
more than ever necessary, but it a'so
provides a not Inconsiderable source
of revenue with which to build and to
maintain them.
Polities Poor Paving.
Of especial Interest to engineers
amj road builders everywhere will be
that section of the Delaware High
way pamphlet which deals with the
organization of the department and
the procedure and methods of work.
The time Is past when a Htate can
perpetrate with safety the "political
macadam" road of old times. Modern
roads are expensive, and the rltizens
of the State are going to notice it
If they do not last Among the poli
cies noted in the Dele ware pamphlet
for securing good roads are: the en
gaging of reliable contractors, no
matter whether tiny Use Inside the
Htate or out; State responsibility for
testing the materials used In the
roads In the State's own laboratory,
and good Inspection.
The chief engineer of the Delaway
highway system is Charles M. L'pham.
Before he became head of the State
highway system he constructed the
du Pont Boulevard in southern Dela
ware.
PREDICTS 1920 WILL BE
GREATEST FOR MOTORS
"I predict that the year 1020 will
see more uses of the automobile and
motor truck than 1010." says J I*.
Lynch, director of sales of the Kissel
Motor Car Company.
"It has become so Interwoven In
our activities. In our social, Indus'.n-.l,
business, governmental and profes
sional activities**, that people hr>vc
come to look upon it as a matter of
course and a necessity they cannot
get along without.
"Hotels have started to put up
their own garages and parking places
?the same is true of ^department
stores and apartment houses. Kvt-j
manufacturers and industries have
their parking places for the automo
biles of their employes.
"Farmers are- erecting garages just
as attractive as those In the city, and
In every small community the ga
rages are the most ? up-to-da'o
and Imposing buildings In town No
N'o matter where the motorist drives
he has up-to-date service and a source
of supplies just as efficient and ua
to-date as If he was at home.
"The motor truck has become th'
business man's freight line, maki.ig
him less dependent on the rsllraid.*
for receiving and shipping good* anrt
supplies. This Is particularly tru-? of
the short line hauls, as the motor
truck has been proven the most eco
nomical lsbor and time saver in haul
ing distances of 100 to 500 miles.
"The ma nmoth good roads program
laid out by each State insures ?hn!
within a couple of years America will
be the home of good roads, enabling
automobile and motor trucks to drive
across the continent without getting
off of Improved highways and by
ways.
"Take it altogether, 1020 will be it
record motor year from every stand
point and In all walks of life. It hi
become one of the leading Industrie
ot the courtry. snd takes front rank
In Its accomplishment in the matt r
of Increased production, economy, and
efficiency."
GOODYEAR EMPLOYES
SWAT HIGH UVINf
Hi Costa Living I oat the declilon Ir
* recent bout In Akron with the em
ployes' store committee of the Good
year Tire and Rubber Company. After
s string of victories In every city Ir
the country for several years, without
having a single defeat chalkr
against his record. Old HI took ter
rifle punishment fr->m 4.000 employe'
who purcltssed 10,000 bushels of pr
tatoes for $1 00 a bushel. While th
nld fellow Is groaning and recover
Ing from this severe lolt, satlsflr
Boodyearltes are consuming spue'
with extra relish when they remetr
ber the price of potatoes In Akroi
was from $.1 to $(l at the time of th?
?ale.
Driver* Cc Slow In Crossing
S .reels
HUGE FUNDS GIVEN
FOR NEW HIGHWAYS
Construction, However, Pre
sents Problem Through
Limitations.
Funda ivilltble for the construc
tlon of hard surface roada In ih<
United tiiatea In 1MO are more thai
three times greater than In any prev
ioua year. Th# United Htates Depnri
mant of Agric uiture estimates tin
amount at |<183,000,000. and many
leading authorltlea believe the appro
prlatlona will reach a final total of
$1,000,000,000 The prevloua max.
mum yearly expenditure haa ntv*
exceeded ? 200.000.000.
Thla recognition ?f the need for
adequate highways by the national.
State and county leglalaturea la re
garded by leaders In the motor truck
Industry aa Indicative of the accept
ance of highway transportation on u
par with the railroada.
Problem Nat Solved.
"It doa not mean, however, that th
good roada problem has been solved "
said R. R. Fulton, vice presldanl <?
! the International Motor Company,
manufacturer* of Mack trucks. In i?
recent Interview. "The problem mere
ly aaaumes a different aapect.
"Although the American people are
demanding a comprehenalve system of
, highwaya, and ire willing to pay the
price, the expenditure of thla Iuri
appropriation Is dependent upon thrte
j things: First, the supply of highway
! construction materials; second, the
: ability of the raliroads to furnish
; enough cars to transport thla mi*.
; tcrlal, and, third, the ublllty of en^ -
n<?rs and contractors, with the ic
I imred labor, to handle the cons'riu
j tlon. These three factors, under pr?a
| ?nt conditions, are direct limltat'on
on the anticipated highway program.
"A shortage of road materials ;vill
be sure to develop us the 1020 con
struction Is put under way. I is
estimated that the average cost
our roads for next year will be about
?20,000 a mile.
Allowing i/ut 400 tons of materials
per mile, read construction will neid
not less than 120,000,#00 tons of ma
terials a figure far above the supply
now avllable. The railroads at pres
ent are seriously overburdened with
freight arid are unable to handle even
the present amount of traffic. The
| demands upon engineers, contractors
j und labor already exceed their ca
! p-"-lty. With the amount of money
I willing to be cpent more than tripled
I ind with facilities for Spending It
1< as adequate than formerly, ft is
/ery doubtful thai the program can
be carried out unless measures are
dopted to overcome these llmitar
tions.
Will lae Trucks.
"In this connection, it is certain
that the motor truck will be called
m to act aa its own benefactor by
hauling the material from the source
of supply to the construction area,
and by taking over short haul ship
ments from the railroads, thereby re
leasing cars for transporting the ma
terial over longer distances.
"Highway transportation promot
ers and good roads enthusiasts have
won their point as far as public
recognition is concerned, and it only
1 remains for construction facilities to
[ be improved before this country will
have a system of highways that will
offer unlimited development ror mo
I tor truck transportation."
FORD RUNS 16 YEARS.
The dealer for the Ford car in Co
lumbus has Just accepted In triic.
Ford car No. fl04, gold sixteen years
ago and in almost daily service until
It was traded. The dealer paid ?50
for It.?Motor Life.
Auto Drivers Watch Out For'
the Unexpected. l
SECURITY AUTO SUPPLY
CO. INCREASES CAPITAL
The annual maallnif of tli? stock
holdere of the Mecurlty Auto Hupply
Co., Inc., wai held at the office of the
company, Koom ?37. Woodward
building, January 10.
The following officer* were elected:
President. William A. Craig; vice
president. Raymond C. Urlggs. aecre
t?ry and Ifi'ttrer, VV. W. Maloaey.
3d. The (o luwlna directors were
elected: W illiam A. Craig, rkalrman
W W. Maloney. Albert M Or.
Merton A. English. Charles W. Jacob*.
Joseph l>sly. John H. Waugh. Freder
ick Urines, and J. II. Hunter.
Afltr hearing the report of the sec
retary and treasurer the stockholder*
voted a 10 per cent dlvid.nd and a la*
voted to Increase Ike capital I ??h
to t32.<MlO. The rorp?rail<'i< >m4M
over tUJ.oGO as Ita ftrst year's knjt
IMS.
['WllMt'i
,0
INSURANCE IS THE
AUTOISTS' PROTECTION
No man or woman who owns an automobile li
immune from mlahap and accident That you never
have had one Is no assurance that ^ou won't have?
and then there Is the ever present possibility of Arc
and theft. 'i
All this Is a source of worry?that can b* en.irelf
eliminated If you will carry lho right kind of ri
su ranee.
For Instance we will write a policy for you ?ha'
will lake care of all your trouble* In this particular
>r ruch features an you may select. Go the limit
that's the Judicious th'ng to do?and you'll rtni tfc"
premium anything but expensive.
The most Important thing of all. however, is the
agtncy service. It will be to your supreme advan
tage to let us attend to the details of this insurance
matter for y >u.
The reasons and the figures upon application ?
Phone Main 001 <102.
IF WE INSURE YOU
YOU ARE INSURED
LeRoy Mark
IIncorporated I
Colorado Building
All kinds of the rirbt
Hind of Isnuranrr.
SIX MONTHS FREE SERVICE W.TH EVERY KLINE
OPEN 24 HOURS EVERY DAY
Am 1 nguroliunahlr Rr|iul>(lon of Twrlve Vrart Stundinc and
Kiln.- tiuullty Jutllifjr thr ,4bo*r Offrr.
ASK KIJXB OV% \EBS
Kqtal|>prd nilli I.atrat Type i'nntlnmtnl IlrH Seal Motor
Avrriurr. 16 Mllr? to thr Uiillon of (limolinr <.uaranlrr-?l.
IMMEDIATE DELIVERIES
KLINE KAR SALES CO. $?.*???<&?
The Motor Car of Inherent Value
jJJESIRING a car satisfactory in all
weather and possessing the known
mechanical advantages of the Knighr
Sleeve-Valve Motor, you will find in
the Stearns Coupe all that you could
anticipate.
n

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