NEGLIGENCE-IMPUTED NEGLIGENCE-RECOVERY FROM OWNER UNDER STATUTE WHEN NO RECOVERY MAY BE HAD AGAINST NEGLIGENT DRIVER

Plaintiff, 12 years old, was injured as a result of his father's negligent operation of an automobile owned by defendant and operated with defendant's consent. In his complaint, plaintiff joined his father and the owner as defendants. There was no allegation that the father was acting as an agent of the owner nor that the owner himself was negligent A demurrer interposed on behalf of both defendants was sustained by the trial court On appeal, held, affirmed. Plaintiff may not maintain an action against the defendant-owner because the owner could recover over against plaintiff's father, the net effect of which would be to allow indirectly a recovery which could not be had directly because of a parent's immunity from such a suit.

Ownby v. Kleyhammer, (Tenn. 1952) 250 S.W. (2d) 37.