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Jand'heur v. Aux Galeries Belfortaises

France Court of Cassation

Cass ch. Réuns., Feb. 13, 1930, D.P. I, 57 (1930)

Facts

Lise Jand’heur (plaintiff), a minor, was hit and injured by a truck owned by the Societe Aux Galeries Belfortaises (owner) (defendant). Jand’heur’s mother filed a personal-injury lawsuit on her behalf against the owner. The decision to sue the truck’s owner instead of its driver was based on Article 1384 of the Civil Code, which created a rebuttable presumption that the owner of an inanimate object is liable for injuries caused by that object. The trial court reasoned that Article 1384 did not apply because there was no defect in the car. Instead, the trial court found that the driver should have been sued because the car was under his immediate control at the time of the accident. The intermediate appellate court affirmed, and Jand’heur appealed to the Court of Cassation.

Rule of Law

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Issue

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Holding and Reasoning

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