wner of an automobile delivered it to another by agreement, who was
to pay the purchase price from the money derived from its use, and
thereafter had complete control of the machine, his negligence could
not be charged to the seller.

Again, where an automobile is hired and the chauffeur is also
furnished by the owner, who pays him for operating the car, and the
hirer has no authority over him except to direct his ways of going,
the chauffeur is regarded as the servant of the owner. He, therefore,
and not the hirer is responsible for the negligence of the chauffeur.
Of course, the rule would be changed if the hirer assumed the
management of the car: then the hirer alone would be liable for the
chauffeur's negligence.

A party who hires an automobile from another is bound to take only
ordinary care of it and is not responsible for damage whenever
ordinary prudence has been exercised while the car was in his custody.
If lost through theft, or is injured as a result of violence, the
hirer is only answerable when these consequences were clearly the
result of his own imprudence or negligence. The hirer though must
account for the loss or injury. Having done this, the proof of
negligence or want of care is thrown on the bailor.

If the hirer should sell the automobile without authority to a third
party, the owner or bailor may bring an action against even an
innocent purchaser who believed that the hirer had the title and power
to sell.

There is an implied obligation on the hirer's part to use the car only
for the purpose and in the manner for which it was hired. And if it is
used in a different way and for a longer time, the hirer may be
responsible for a loss even though this was inevitable.

Suppose the hirer misuses the car, what can the owner do? He can
repossess himself, if this can be done peaceably, otherwise he must
bring an action for the purpose. As the hirer acquires a qualified
title to the property, he can maintain an action against all persons
except the owner, and even against him so far as the contract of
letting may set forth the relations between them.

When an owner or hirer undertakes to convey a passenger to a specified
place and, while on the way, the car breaks down, if it cannot be
properly mended at the time and the owner or hirer is able to furnish
another, the law requires him to do so and thus fulfil his contract.

"The owner of a motor vehicle," says Huddy, "is of course entitled to
com