(Download) "Ryder Truck Rental v. Helen Rollins and" by Supreme Court of Nebraska * Book PDF Kindle ePub Free
eBook details
- Title: Ryder Truck Rental v. Helen Rollins and
- Author : Supreme Court of Nebraska
- Release Date : January 01, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
In this declaratory judgment action, the district court held that as the owner of the van-type vehicle the plaintiff-appellant,
Ryder Truck Rental, Inc., rented to the defendant-appellee John H. Crom, Ryder is jointly and severally liable with Crom for
any damages sustained by the defendant-appellee Helen Rollins, arising from the collision between the vehicle she was operating
and the van Crom was operating. Claiming error in that ruling, Ryder appealed to the Nebraska Court of Appeals; we, on our
own motion, removed the case to this court in order to regulate the caseloads of the two courts. We now reverse the judgment
of the district court and remand the cause with the direction that it be dismissed. On September 1, 1991, Crom entered into a written "Rental Agreement" with Ryder at Hinesville, Georgia, for a day of local
use of the van. The relevant provisions of the agreement gave Ryder the right to terminate the agreement at any time and provided
that Crom's failure to return the vehicle at the designated destination within 3 days of the specified time constituted an
unauthorized taking, in which event Ryder could consider the vehicle stolen and issue theft notices and warrants for Crom's
arrest and take such other steps as Ryder might deem reasonable. In addition, Crom agreed not to permit the vehicle to be
used in violation of any law or to be operated in a reckless or abusive manner.