Roberts v. Kinley

Citations

• 89 Kan. 885
• 132 P. 1180
• 1913 Kan. LEXIS 142

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Garage Keeper — Bailee of Automobile — Liability for Negligence of Employee. A garage keeper to whom an automobile is entrusted for repairs or storage is a bailee for hire, and while'’not an insurer he is bound to use reasonable care to protect and preserve it and is liable to an owner for any loss resulting from his negligent acts or omissions, and also for those of his agents or employees while acting within the scope of their employment.</p> <p>2. - Same. An employee in charge of a garage in which an automobile has been left for repairs took the automobile out after it had been repaired, for the purpose of testing it, and also to carry home á customer of the garage who had brought his automobile there for repairs which the garage keeper could not make on that day, and while out on this trip the automobile was negligently wrecked. While the trip to the -home of the customer was longer than was necessary in order to try out the automobile the employee can not be deemed to have been acting outside the scope of his employment while he was out upon this trip, and the garage keeper is therefore liable for the negligent wrecking of the automobile.</p>