[Download] "Rosellen Lillegraven and Olav Lillegraven" by Supreme Court of Alaska # eBook PDF Kindle ePub Free
eBook details
- Title: Rosellen Lillegraven and Olav Lillegraven
- Author : Supreme Court of Alaska
- Release Date : January 04, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
DIMOND, Justice. The appellant, Rosellen Lillegraven (referred to here as the 'plaintiff'), was injured in a motor vehicle collision on the Alaska Highway in the Canadian province of British Columbia. She commenced this action for damages against the appellee, Martin Tengs (referred to in this opinion as the 'defendant'), who was the owner of the automobile in which she was a passenger at the time of the accident. He was not present, but he had furnished the car for his wife who had arranged for plaintiff and a friend, Susan Barrow, to accompany her on a 'share-the-expense' trip from Seattle, Washington to Haines, Alaska. Susan Barrow was driving at the time the accident took place and, according to plaintiff's allegations, was grossly negligent. The basis for this action against the defendant is plaintiff's theory of vicarious liability -- the responsibility of the owner of the car, without any wrongful conduct on his part, for the negligence of another. In turn, this is based on a portion of the Motor Vehicle Act of British Columbia which provides that a person driving a motor vehicle with the owner's consent is deemed to be the agent or servant of the owner and driving in the course of his employment. 1 Plaintiff's injuries were sustained on October 8, 1958. Her action was commenced September 26, 1960, which was within Alaska's two-year statute of limitation, 2 but beyond the twelve-months period of limitation prescribed by the British Columbia act. 3 The trial court held that the latter period was controlling, and on that basis granted summary judgment for defendant. The question of which time period should govern is the principal issue presented on this appeal.