Opinion
1 Div. 400.
May 13, 1926.
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge.
Inge Bates, of Mobile, for appellant.
Where an automobile is driven by the owner's chauffeur, it should not be condemned for transporting liquor, unless the owner either had knowledge that the vehicle was being used for such unlawful purpose, or was guilty of such negligence or want of care as to charge him with knowledge or notice that the car was so used. State v. Hughes, 203 Ala. 90, 82 So. 104; Ford Auto v. State, 203 Ala. 517, 84 So. 760; Edwards v. State, 213 Ala. 122, 104 So. 255; Puckett v. State, 204 Ala. 238, 85 So. 452; Eckl v. State, 205 Ala. 466, 88 So. 567.
Harwell G. Davis, Atty. Gen., for the State.
Brief of counsel did not reach the Reporter.
The testimony for the state made a prima facie case for the condemnation of the car.
But, conceding that the taxi driver, White, carried liquor in the car, we think that Mrs. Hockstein, the owner, has satisfactorily shown that she "neither authorized, participated in, nor consented to, the unlawful, act of her servant, and that she was guilty of no negligence with respect to its anticipation and prevention." Under such a showing, the condemnation of the car cannot be sustained. Puckett v. State, 204 Ala. 238, 85 So. 452; State v. Hughes, 203 Ala. 90, 82 So. 104.
The decree will be reversed, and one will be here rendered in favor of the claimant defendant.
Reversed and rendered.
ANDERSON, C. J., and THOMAS and BOULDIN, JJ., concur.