Jand'heur v. Aux Galeries Belfortaises

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

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

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

Issue

Holding and Reasoning ()

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership