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Gorton v. Doty

Supreme Court of Idaho

69 P.2d 136 (1937)

Relevant factsFree

Doty (defendant) offered her car to football coach Garst to help transport the team home from a game, on the condition that Garst himself drive it; Richard Gorton was injured when Garst, driving Doty's car, was involved in an accident, and his father (plaintiff) sued Doty, arguing Garst was acting as her agent at the time. Doty testified she merely loaned her car with no compensation or employment relationship involved, but also confirmed she volunteered the car specifically on the condition Garst drive it himself; the jury found an agency relationship existed and awarded damages.

IssueFree

Whether a principal-agent relationship is established between the owner of a car and a driver when the parties agree that the driver will operate the car pursuant to a condition imposed by the owner.

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