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NO. 12722
IN THE SUPREME COURT OF THE STATE OF MONTANA
1974

VERNON D. SEDLACEK,
Cross Appellant,
and
SIGNE M. SEDUCEK,
Plaintiff and Respondent,

EDWARD A. AHRENS, DOROTHY G. AHRENS and
CLAYTON E. AHRENS,

Defendants and Appellants.

Appeal from: District Court of the Seventh Judicial District,
Honorable L. C. Gulbrandson, Judge presiding.
Counsel of Record:

For Appellants : Hutton, Sheehy and Cromly, Billings, Montana John C. Sheehy argued, Billings, Montana
For Respondent:
Morrison, Ettien and Barron, Havre, Montana

Jo

Chan Ettien argued, Havre, Montana

Submitted: November 14, 1974 Decided: DEC 3 0 '414 Filed: EC 3 0 $954
Mr. Justice Frank I. Haswell delivered the Opinion of the Court.
Following an automobile-motor bike accident, the auto- mobile passenger sued the minor motorcyclist and his parents for her personal injuries and the automobile driver sued in a separate action for damages to his car. Two judgments were entered in the district court of McCone county following a consolidated nonjury trial: (1)Judgment for the passenger against all defendants.
(2) Judgment against the driver in favor of all defendants. The parents of the minor motorcyclist appeal from the first judgment and the driver crossappeals from the second judgment.
On July 28, 1966, at about 4:00 p.m. Clayton Ahrens, a 12 year old, was driving a Honda motor bike south on Montana Route 12 in McCone County. Vernon Sedlacek was driving a Cadillac, in which his wife Signe was a passenger, in the same direction behind the motor bike.
As the Cadillac approached a point on the highway about 600 feet before reaching the accident scene, the Cadillac slowed from about 70 miles per hour to about 60 miles per hour and then picked up speed as it prepared to pass the motor bike.
Clayton Ahrens did not signal his intent to turn left and Vernon Sedlacek did not sound nis horn until he was in the act of passing.
As Clayton Ahrens was making his left turn, Vernon Sedlacek applied the brakes and pulled left on to the shoulder of the highway causing the ~adillacto roll. It came to rest on its top with the front end on the pavement and the rear end half in the left borrow pit. It appeared from marks on the Cadillac that the motor bike had collided with the right rear fender of the car.
The motor bike was owned by Clayton Ahren's father who had purchased it ten days before the accident. Clayton was using it on Montana Route 12 without the knowledge of his parents, Edward and Dorothy Ahrens, and against their instructions that he not go out upon the highway when using the motor bike.
Signe Sedlacek received personal injuries in the acci- dent. The Cadillac was extensively damaged. Clayton Ahrens re- ceived only superficial injuries and Vernon Sedlacek was not injured.
Signe Sedlacek filed a personal injury action against Clayton Ahrens and his parents. Vernon Sedlacek filed an action to recover damages to his Cadillac. Both actions were filed in the district court of McCone County and consolidated for trial.
Judge L. C. Gulbrandson tried the case without a jury. He entered findings of fact and conclusions of law: (1) that Clayton Ahrens was negligent in making a left turn off the high- way without sinnaling; (2) Vernon Sedlacek was contributorily negligent in driving at a speed greater than was reasonable under the existing conditions and in failing to sound his horn prior to passing; (3) that Edward Ahrens was liable for the injuries suffered by Signe Sedlacek by providing a motor vehicle to Clayton Ahrens who was a person forbidden by statute to operate a motor vehicle because of his age; and, (4) that Signe Sedlacek suffered $4,800 damages by reason of her injuries.
Judgment was entered in favor of Signe Sedlacek against
Clayton Ahrens and his parents for $4,800, plus costs. A separate judgment was entered in favor of all defendants against Vernon Sedlacek denying damages to the Cadillac.
Edward and Dorothy Ahrens, Clayton's parents, appeal from Signe Sedlacek's $4,800 judgment against them; Clayton Ahrens does not appeal from this judgment. Vernon Sedlacek crossappeals from the judgment denying him recovery for damages to the Cadillac.
Clayton's parents contend that neither is liable for the injuries to Signe Sedlacek under the trial court's findings and conclusions.
At the outset, we note there are no findings nor con-clusions of the district court that support any liability on the part of Dorothy Ahrens. The district court so provided in the concluding paragraph of its findings:
"WHEREFORE, let Judgment be entered in favor of the plaintiff, Signe Sedlacek, against the defendants, Clayton E. Ahrens and Edward A. Ahrens, in the sum of $4800 and her costs."
The judgment was inadvertently entered against all defend- ants. The name of Dorothy Ahrens is ordered stricken from the judgment to conform to the findings and conclusions.
Two statutes of Montana's Motor Vehicle Code are relevant
to a discussion of Edward Ahrens' liability:
Section 31-156, R.C.M. 1947, provides:
"(1)No person shall cause or knowingly permit

his child or ward under the age of eighteen (18) years to drive a motor vehicle upon any highway when such minor is not authorized hereunder or in violation of any provisions of this act."
Section 31-127, R.C.M. 1947, provided at the time of the
accident:
"The board shall not issue any license hereunder:
"(1)To any person, as an operator, who is under

the age of sixteen (16) years, with these excep- tions:
"(b) the board may issue a restricted license as hereinafter provided to any person who is at least thirteen (13) years of age * * *."
Edward Ahrens contends that he is not liable because
(1)he did not knowinqly permit his son Clayton to drive the
motor bike upon the highway in violation of section 31-156, and

(2) the licensing statute does not forbid a minor below licensing
age to drive a motor bike on private property.
Edward's contentions miss the point. The basis of his

liability is entrustment of the motor bike to a person not qualified to operate it on a public highway. Liability is not predicated on knowingly permitting Clayton to drive the motor bike on the highway in violation of section 31-156. The relevant basis of liability was expressed in this language by the district court:
"The defendant, Edward Ahrens, by providing a
motor vehicle to Clayton Ahrens who was a person
forbidden by statute to operate a motor vehicle
because of his age, is liable for injuries caused
to the plaintiff, Signe Sedlacek, by the negligent
operation of the motor bike by Clayton Ahrens."

Licensing statutes such as section 31-127, R.C.M. 1947,
prohibiting the issuance of an operator's license to a minor below
a prescribed age are enacted under a state's police powers in
the interests of public safety. One of the objects of such
statutes is to protect users of the highways from inexperienced
and immature drivers. Charbonneau v. MacRury, 84 N.H. 501, 153

A. 457, 73 ALR 1266. Such statutes are legislative declarations that minors under licensing age are incompetent drivers and do not possess sufficient care and judgment to operate motor vehicles on the public highways without endangering the lives and limbs of others. Schultz v. Morrison, 91 Misc. Rep. 248, 154 N.Y.S. 257, aff'd 172 App.Div. 940, 156 N.Y.S. 1144; 7 Am Jur 2d, Automobiles and Highway Traffic B 107.
The fact that such a minor deviates from the consent given and exceeds its limitations will not relieve the provider from liability. 8 Am Jur 2d, Automobiles and Highway Traffic

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