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Colonial Furniture Co.
{Broad Street PHONE 2219 Edenton, N.G
THE CHOVAH HERALD, EDEHTOH. NORTH CAROLINA, THURSDAY, JUKE 23, 1810.
This is
the Law
a MM-
V
By ROBERT E. LEE
(For the N. C. Bar Association)
Family Car Used By Adults
John Olive had purchased in j
his name a car for the pleasure
of his family. Mrs. Olive, his
wife, was taking a trip of some
, distance in this car. She be
jcame tired and requested a
' friend to take over the wheel
and drive the balance of the
way. If the friend negligently
operates the car and injures an
other person, may a judgment
for damages be recovered from
John Olive?
Yes. The driver is merely an
instrumentality, or a longer arm, .
of the wife who is seated in
the car and is in actual control.
There is an extension of the
agency of the wife to the driver.
In effect, it is the same as if
the wife had been driving at the
time of the accident.
Similarity, if a father allows
his son to use the family auto
mobile to take a friend and two
girls for a ride, the father would
be responsible for injuries re
sulting from negligence of the
friend, whom the son had per
mitted to drive while he rode
in the back seat.
This is the law of North Caro
lina pursuant to what is known
as the "family purpose doctrinj”
in respect to automobiles. Under
this doctrine, the owner of an
automobile, which is furnished
to the members of the owner’s
family for their pleasure and
convenience, is held liable for
the negligent act of any member
of the family who might be driv
ing it for pleasure with the con
sent, express or implied, of such
owner.
Is the owner of a family pur
pose car liable for the negligent
acts of an adult child committed
while driving the car with the
owner’s permission?
The family purpose doctrine is
not limited to the wife and minor
children of the car owner. Adult
children are included if they are
members of the owner’s house
hold.
Albert Blond lends his family
car to a neighbor. The neigh
bor, while negligently driving the
automobile, injures Geo. Green.
May Green recover a judgment
frem Blond for the damages sus
tained,
There cannot be a recovery
under .the particular facts in
North Carolina. The automobile
was not being driven at the
time by an agent of Blond. The
“family purpose doctrine” is not
applicable. The neighbor driving;
the car, and not Blond, is the
one that should be sued by
Green.
In a number of states Green
could recover from either Blond
or the driver. New York, Flori
da, California, lowa, and a few
other states have statutes which
impose liability upon the owner
of an automobile for the negli
gent acts of any person who
might be diving it with his con
sent. But North Carolina, in ac
cord with most jurisdictions, does
not have such a statute.
North Carolina merely has aj
statute which says that proof of'
ownership of an automobile is
prima facie evidence that it is
being operated at the time of
the accident by an agent of the
owner. This rule of prima facie
evidence may, of course, be re
butted at the trial.
Edward A. Dail
Dies At Age Os 93
Edward A. Dail, 93, died in
Chowan Hospital Tuesday after
noon of last week at 5:30 o’clock.
He was a native of Perquimans
County but lived in ithe Rocky
Hock section for 20 years, where
"MY DAY IM THE
SPOUT WORLD"
Top Washington reporter Ruth
Montgomery tells of an eerie “re
union” with the dead. This is
the true story of a reporter who
didn’t believe in spiritualism,
but who reports a' truly remark
able meeting with a famed spirit
ualist. Read "My Day In The
Spirit World” in The American
Weekly with the June 26 issue
Os the
on sale at rout local Mwadaalar
he was a retired farmer. I
Surviving are four sons, O. E. J
Dail of Princess Anne, Va., L. C.
Dail of Charleston, W. Va., W. C. j
Dail of Portsmouth and S. W. I
Dail of Parma, Ohio; five daugh- C
t«rs, Mrs. Elizabeth Small, Mrs. j
Lola Spruill, Mrs. Hazel Har- f
ieu and Mrs. Thelma Tarking-ij
ton, all of South Norfolk, andU
Mrs. Geneva Blades of Long ,
Beach, Calif.; a brother, W. W.'j
Dail of South Norfolk; two sis- 1 f
ters, Mrs. Alberta Weeks of I
South Norfolk and Mrs. Eula i
Watkins of Miami, Fla.; 12 ;
grandchildren and 23 great- \
grandchildren. 5
He was a member of the Cen-jr
ter Hill Baptist Church, where i-j
funeral services were held Fri- ]
day afternoon at 3 o’clock. Thej<
Rev. A. B. Blount, pastor of the i
Kempsville Baptist Church, offi- j
ciated, assisted by the Rev. Hen- ]
ry Napier. Burial was in the 1
church cemetery.
Safety Club Formed \
On Mill Village
i
Frances Harris and Carolyn
Smith have organized a Safety 1
Club for boys and girl of the j
mill village. The purpose of the
club is to teach boys and girls i
the value of safety, and it is 1
hoped the club will prove bene
ficial and successful.
The following have been elect
ed officers of the club: Dol
Wright, president; Frances Har
ris, vice president, Brenda
Owens, secretary; Carolyn Smith,
treasurer and J. C. Owens,
sergeant-at-arms.
{Minutes Os Boord 1
j Os Public Works
\. J
June 7, 1900.
The Board of Public Works
met this day in regular session
at 8 P. M. at the Edenton Muni
cipal Building with the follow
ing members present: Thomas
C. Byrum, Jr., chairman, Ralph |
E. Parrish, Jesse L. Harrell,
James P. Ricks, Jr., and J. H.
Conger, Jr.
The minutes of the regular
meeting of May 3, 1900, were
read and approved.
Dr. W. S. Griffin appeared
before the Board with the re
quest that adjustment be made
in a water bill which appeared
excessive. The matter was re
ferred to the clerk for settle
ment on the standard basis.
Mr. Joe Stone, owner of the
Colonial Motor Court, appeared
before the Board with the re
quest that the installation ol'
sewer facilities presently being
installed on U. S. 17 North, on
the east side of the highway, be
installed on the west side of the
j highway from the pumping
station north to Industrial
Street; this to eliminate block
ing his frontage for the length
of time necessary to make the
installation. Supt. Hines was
requested to contact Freeman \
Engineers for advice on this re- 1
quest, final decision deferred
until their advice received.
Mr. Gardner, president of Sea
brook Blanching Corporation, |
conveyed to the Board his |
thanks and appreciation for the
courtesies and cooperation ex
tended his company during the
past several months by the
Board of Public Works and its
employees.
"On motion by Jesse L. Har
rell, seconded by Ralph E. Par
rish and carried, E. & W. bills
in the amount of 145,706.65 be
paid. Os this amount $30,672.27
(was for sewer extension, $773.73
was for installation of stop light
at Oakum and Broad Streets
and $14,260.65 was for general
expense of operation.
Bills approved for payment
were: Norfolk & Carolina Tel.
& Tel. Co., $31.65; Transport
Clearings ot the Carolinas, Inc.,
$8.10; Williamston Office Supply
Co., $13.05; Electrical Equip
ment Co., $2,311.64; Graybar
Electric Co., $780.49: East Caro
lina Supply Co., $251.23; The R.
S. Jordan Co., $88.32; Dewey
"Best car Buick has ever built/' says MOTOR TREND Magazine____^
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Authorities say it over and over: This is ljuick’s all-time Best.
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COLONIAL MOTOR CO., HO!. 105 - 109 Ea^2“ c iZi‘iv E i^ nton ’ N ‘ G
— 1 '■■■■■» rota auict DUUB I k no HAM IQ IKS |OB BETTBB-BUV dud GABS. TOO! ■
Bros., Inc., $40.60; Badger Meter I
Mfg. Co., $193.34; Line Material i
Industries, $37.82; Byrum Hard
ware Co., $5.61; Motorola C. &
E., Inc., $46.75; J. D. McCotter,
Inc., $16.80- Texaco* Inc., $30.25;
Grir.nell Company, $98.96; Tide
water Supply Co., Inc., $26.17;
Hobbs Implement Co., $3.00;
Hagan Chemical & Control, Inc.,
$310.00; Baker Equipment En- j
gineering Co., Inc., $5.89; Caro-1
lina Machine & Supply Co., I
sl4 38; Albemarle Motor C 0.,!
$10.00; Addressograph - Multi- j
graph Corp., $25.35; Edenton Of-1
fice Supply, $4.25; Burroughs l
Corp.. $24.96; Postmaster, $53.25; |
The Chowan Hehald, 70c; Amer
ican Public Power Associattion, I
$15.00; Ralph E. Parrish, Inc.,
$15.75; Hughes-Parker Hardware
Co., $4.43; Carolina - Norfolk i
Truck Line, Inc., $21.41; Ashley |
Welding & Machine Co., $97.50;;
Edenton Ice Co., Inc., $4.54; Gulf
Oil Products, $8.36; M. G. Brown I
■Co., Inc., $51.36; Richard N.
Hines, $18.83; Win, F. Freeman,
Inc., $422.40; T. A. Loving Com
pany, $27,038.26; Gulf Oil Cor
poration, $110.80; Merton Salt
Company, $756.24; Connell Con
struction Co., $3,211.61; Virginia,
Electric & Power Co., $10,497.60; 1
salaries paid in month of May,
$3,374.33; total, $49,080.98.
Received for current, water,
merchandise, $27,756.51.
Disbursements in excess of
receipts, $21,324.47.
Ralph E. rarrisn reported that
he, with the cooperation of Mi-.
Hines, was making an analysis
of the residential electric and
and electric water heating rates,
having the possibility in view
of adjusting same to bring them j
in lne with the new rates re- |
cently adopted by the Virginia i
Electric & Power Company. I
Superintendent R. N. Hines 1
called the attention of the Board 1
members to three articles in his
monthly report that were in his
opinion especially appropriate
and timely. These’ articles were
copied from reports given at
the American Public Power As
sociation meeting in Washing
ton, D. C., and concerned them
selves with items looked upon
favorably by bonding agents
when towns and cities offer
bonds for sale. Mr. Hines urged
the Board members to read
these reports.
Finance Chairman Jesse L.
Harrell reported that his com
mittee met on Monday night,
(June 6, with the Finance Com
-1 mittee of the Town of Edenton
a.nd advised that the Town Fi
nance Committee requested the
Board of Public Works transfer
to them during the next fiscal
year $22,500, half of this to be
transferred in August. 1960, and
half in May. 1961. On motion
of Jesse L. Harrell, seconded by
J. H. Conger, Jr., and carried,
this request was granted.
There being no further busi
ness, the meeting adjourned.
RALPH E. PARRISH,
Secretary.
June 10. 1960.
The Board of Public Works
met this day in special session
at 11 A. M. at the Edenton Mu
nicipal Building to consider the
request of Mr. Joe Stone, owner
of Colonial Motor Court, as set
forth in the minutes of June 7.
NOW! BOY BOTH FOR ONLYSS99-95
FRIG!DAIREriSfpigf|
THRIFT liHI PfeKS wok, you **
TWINS | Ibs ‘ of , fre^nSl
REFRIGERATOR | 11111 SS|ifer cu?ft SfTefriger-
AND MATCHING jM I JI““4U ation space—a in I
FREEZER! M ~-h/}' fr." just 64" of floor
I " i - space!
Model DA-13-60—12.97 cu. ft, Model UFD-12-60
family-size Refrigerator 12.29 cu. ft.,430 lb. Upright Food Freezer
Ralph E. Parrish, Inc.
“YOUR FRIGIDAIRE DEALER”
PHONE 2421 - EDENTON/ N. C.
Those present; Messx-s. Thom- j
■as Byrum, Jr., chairman, Ralph
E. Parrish, James P. Ricks, Jr.,
J. H. Conger, Jr., and Jesse L. ; ]
Harrell.
Chairman Thomas Byrum, Jr., i:
welcomed Mr. Stone and read
the following letter from the j
Town’s engineer in connection i
with this matter;
| WM. F. FREEMAN, INC. j
i Engineers and Architects
High Point, N. C.
June 9, 1960. I
■ Mr. Richard N. Hines, Supt.
I Electric & Water Department
l Town of Edenton
| Edenton, N. C.
Dear Mr. Hines:
| In planning for water and
sewer service in the northeast-;
ern part of Town, along High-1
j way 17 north, we have desig-’
|nated and established the north
; shoulder of the highway to car-1
'ry the, water transmission main I
• and the south shoulder to carry j
the sewer collection lines. This I
is in line with good .practice to :
keep the water and sewer lines
well separated and this practice
is in keeping with the desires
of the State Board of Health.
, Generally, the Town can main-.
1 tain this practice in future ex
tensions along the highway.
Your inquiry regarding the
relocation of the proposed sewer
line at Colonial Motor Court
from the south shoulder of
Highway 17 to the north
shoulder has been checked by
our resident tngineer in the
field. To relocate this line
would disregard the planning of
line separation and in this par
ticular case would increase our
construction costs. The quan
; tities involved in this relocation
I are as follows:
: 20 lineal feet of 10-inch V. C.
' pipe (extra strength) 18-20 ft.
■ cut.
One 4-ft. standard manhole
j (16-18 ft. cut).
The additional cost is derived
jby extending the contract unit
I prices by the quantities involved:
i 20 lineal feet 10-inch V. C.
[pipe (E. S.) 18-20 ft. cut (tv
; $27.50, $550.00.
I One 4-I't. standard manhole
,(16-18 ft. cut) $650.00.
1 Total estimated construction
cost, $1,200.00.
Engineering, $72.00.
Contingencies, $128.00.
Total estimated cost. $1,400.00
The twenty additional feet of
pipe is required to reach the
1 eastern edge of Seabrook Road,
whereas we plan to angle across
the street to the east edge with
the existing location. The addi-
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PAGE SEVEN
r—section two
tianal manhole is required to
make the mossing before arriv
ing on the Colonial Motor Court
property
In that a relocation of the
sewer line to the north side of
; Highway 17 would depart from
j our planning of water and sewer
I line separation, and would cost
approximately $1,400.00 more
| than the planned location, it is
( your engineer’s and architect’s
recommendation that no reloca
| tion of the line be approved and
i that the line be continued along
! the south shoulder of Highway
. 17, each of the pumping station,
j If we may furnish any addi-
I tional information in this re
gard, please do not hesitate to
! call on us.
| With warmest personal re
' gards and best wishes, we re
main,
Yours very truly,
WM. F. FREEMAN. INC.
George E. Freeman, P.E.
Secretary-Treasurer.
After deliberation and discus
sion with Mr. Stone, the Board
unanimously decided to follow
the recommendations of Wm. F.
Freeman, Incorporated, and con
, tiriue installation of the sewer
l.i.c as O. , p.alUxL.i.
RALPH E PARRISH,
Secretary.
Now!
BLUE CROSS
For Persons
65 and Over
PLAN
HOSPITALIZATION
SURGICAL AND
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HOSPITAL CARI
- ASSOCIATION
Durham/ N. C.
William I>. Gardner
P. O. Box 548. Edenton
TELEPHONE NO. 649 C