re used and
their users are negligent.
The competency of the driver is one of the unending questions. Of
course he should be physically fit, not subject to sudden attacks of
dizziness, possessing sufficient strength and proper eyesight and a
sober non-excitable disposition. It is said, that a chauffeur is not
incompetent who requires glasses. But he certainly would be if his
eyesight was poor and could not be aided by the use of them.
The driver must at all times have his car under reasonable control so
that he can stop in time to avoid injury. He must keep a reasonably
careful lookout for other travelers in order to avoid collision; also
for defects in the highway. If by reason of weather conditions, lights
or other obstructions, he is unable to see ahead of him, he should
stop his car. If there be no facilities for stopping for the night, a
driver is not negligent should he proceed through the fog.
Passing to the liability of the owner of a car for the acts of his
chauffeur, the general rule is, he is then liable when the chauffeur
is acting within the scope of his owner's business. When the owner
himself is riding in the car there is less difficulty in fixing the
liability, but when the chauffeur uses the car without the owner's
consent, he is not liable for the conduct of the driver. And this is
especially so in using a car contrary to the owner's instructions and
for the chauffeur's pleasure; or in using it for his own business with
the owner's consent. And the same rule generally prevails whenever a
member of a family uses his parent's car without his knowledge and
consent, and especially when forbidden. But the parent is liable for
the running of a car with his knowledge by a member of his family and
for the convenience or pleasure of other members. See _Chauffeur_;
_Garage Keeper_.
=Bailor and Bailee.=--To create this relation the property must be
delivered to the bailee. Though a minor cannot make such a contract,
yet if property comes into his possession he must exercise proper care
of it. Should he hire a horse and kill the animal by rash driving, he
would be liable for its value. A corporation may act as bailor or
bailee, and an agent acting therefor would render the corporation
liable unless he acted beyond the scope of his authority.
Suppose one picks up a pocketbook, does he become the owner? Is he a
bailee? Yes, and must make an honest, intelligent effort to find the
owner; if failing to do
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