The sole question presented for decision on this appeal challenges the correctness of the ruling of the trial court in overruling defendant’s motion for judgment as of nonsuit at the close of plaintiff’s evidence. In connection therewith it is appropriate to say that the “family purpose doctrine” with respect to automobiles has been adopted as the law in this jurisdiction, and applied in numerous cases— among which are these: Robertson v. Aldridge, 185 N.C. 292, 116 S.E. 742; Allen v. Garibaldi, 187 N.C. 798, 123 S.E. 66; Watts v. Lefler, 190 N.C. 722, 130 S.E. 630; Grier v. Woodside, 200 N.C. 759, 158 S.E. 491; Lyon v. Lyon, 205 N.C. 326, 171 S.E. 356; McNabb v. Murphy, 207 N.C. 853, 175 S.E. 718; Matthews v. Cheatham, 210 N.C. 592, 188 S.E. 87; Vaughn v. Booker, 217 N.C. 479, 8 S.E. 2d 603; Ewing v. Thompson, 233 N.C. 564, 65 S.E. 2d 17; Goode v. Barton, 238 N.C. 492, 78 S.E. 2d 398; Elliott v. Killian 242 N.C. 471, 87 S.E. 2d 903; Thompson v. Lassiter, 246 N.C. 34, 97 S.E. 2d 492; Bumgarner v. R. R., 247 N.C. 374, 100 S.E. 2d 830.
This Court has said in Vaughn v. Booker, supra, “The very genesis of the family purpose car doctrine is agency, and that the question here presented is governed by the rules of principal and agent and of master and servant.”
Moreover, in Watts v. Lefler, supra, this Court, in opinion by Clarkson, J., quotes with approval this statement from Berry on Automobiles (4th Ed.) Sec. 1280: “The rule is followed in some of the States in which the question has been decided, that one who keeps an automobile for the pleasure and convenience of himself and family, is liable for injuries caused by the negligent operation of the machine while it is being used for the pleasure or convenience of the family.”
Moreover, in Matthews v. Cheatham, supra, the Court quotes with approval from Huddy’s Encyclopedia of Automobile Law (9th Ed.) Vol. 7-8 p. 324, this rule: “The person upon whom it is sought to fasten liability under the ‘family car’ doctrine must own, provide, or maintain an automobile for the general use, pleasure, and con*574venience of the family. Liability under this doctrine is not confined. to owner or driver. It depends upon control and use.” To like import are later decisions cited above.
In the light of these principles applied to the evidence offered by plaintiff on the trial below, taken in the light most favorable to plaintiff, and giving to him the benefit of every reasonable inference and! intendment, this Court is constrained to hold that a case against-defendant Louise T. Mallory is made for submission to the jury,, even though it is not as clear and forceful as it might be.
Hence in the judgment from which appeal is taken there is