Hare v. Mulligan

Citations

• 77 Pa. Super. 577
• 1921 Pa. Super. LEXIS 320

Syllabus

<p>Bailor and bailee — Garageheeper — Stolen auto — Liability of garageheeper — Case for jury.</p> <p>In an action by a bailor against a bailee, who had a garage in which the plaintiff was allowed to keep his ear for the sum of $8 per month, the evidence established that, after having been stored there for a time, plaintiff’s car was stolen, but was recovered and again placed in tbe garage of the defendant. At that time, the plaintiff testified, he went to the defendant and instructed him not to allow any one to take the car, even on a written order. The car was again stolen.</p> <p>■ Meld: that under such circumstances, the case was for the jury to determine whether or not this specific obligation had been assumed by the defendant. If the defendant entered into a special undertaking, there was a valuable consideration for it, and he was bound to perform. When he rented space in his garage to the plaintiff for his car, and took from him money consideration, he owed some duty to the latter, and the case was for the jury to determine whether or not the reasonable and ordinary care required under the circumstances had been exercised.</p>