Porter v. Izlar Motor Co., Inc.

Defendant in error sued plaintiff in error and another in a tort action for the destruction of an automobile while loaned or bailed to the defendants.

In the brief plaintiff in error says there is only one question for our'consideration' which is there stated as follows:

“In an action brought to recover for the damage or destruction of an automobile bailed for the bailee’s use, where there is no special contract of bailment, and such action is not based upon breach of contract but is brought in tort, and the bailor expressly alleges negligence on the part of the bailee in the use of the bailed…