ic
regulation.
A garage keeper is generally allowed a lien on an automobile for
storage and repairs. If no price has been fixed in advance, the garage
keeper is entitled to recover of the owner the reasonable value of the
services and materials furnished. When the automobile is brought to
the garage by a chauffeur, the garage keeper should assure himself of
the chauffeur's authority to order repairs, especially those of a
permanent nature.
The garage keeper when storing a car for another for compensation must
exercise reasonable care and prudence. If negligent he is liable for
the damage. It is said that the liability of a garage keeper for hire
is not affected by reason of the knowledge of the owner as to the
place where the property is kept. Its acceptance by the garageman
imposes on him the duty of exercising due care for its safety and
protection. But he is not an insurer of the property; and therefore is
not liable for loss by fire unless he has been negligent. Generally,
in such a case the burden of proof is on the owner of the machine to
show that the fire was caused by the negligence of the garageman.
Sometimes one keeps a car for another for accommodation, receiving no
compensation therefor. One who thus serves another is liable only for
gross negligence.
The garage keeper must protect the property from theft. If he permits
a machine to remain in an alley when it ought to have been inside his
garage, he is liable. In one case a motorcyclist left his machine with
a garage keeper to be kept over night, and also gave permission for
its inspection by any one whom he might send around. A person
appeared with a permit to inspect it who, under the permission, stole
it and rode away. The garage keeper was rightfully held not liable.
If a garage keeper or his servant negligently runs a machine left in
his custody for storage or repairs, the garageman is liable for the
damage resulting to the owner. At the expiration of the bailment he
must deliver the machine to the owner or person authorized by him to
receive it, and is liable if neglecting or refusing. He is also liable
if delaying unreasonably to make repairs, or for making them
unskillfully. Lastly, if the car is driven by the garageman's servant
while the bailment continues, the bailee, and not the owner, is
responsible for any injury done to a third person by the servant's
negligence. Of course, if the driver was acting outside the scope of
his authority
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