Levy v. Daniels' U-Drive Auto Renting Company, Incorporated

143 A. 163 (1928)


D, in Connecticut, rented to Sack (D) an automobile. P was a passenger in the rental car when Sack (D) was driving. D was subject to §21 of Chapter 195 of the Public Acts of Connecticut (1925) which provides: 'Any person renting or leasing to another any motor vehicle owned by him shall be liable for any damage to any person or property caused by the operation of such motor vehicle while so rented or leased.' Sack(D) brought the car to a stop on a main highway and negligently allowed it to stand directly in the path of following automobiles without giving sufficient warning to automobiles approaching from his rear, and without having a tail light in operation, and when, due to inclement weather, the visibility was reduced to an exceedingly low degree. Meginn (D) negligently ran into and upon the rear end of the car and threw P forcibly forward causing him serious injuries. P sued Ds. D demurred to the complaint claiming that the liability of D must be determined by the law of Massachusetts where the accident occurred. Massachusetts did not impose upon persons renting automobiles any such obligation as the Connecticut Act did. The court agreed and D was dismissed from the case. P appealed. D claims the locus delicti determined the existence of the cause of action.