Farrall v. Universal Garage Co.
Supreme Court of North Carolina
Appeal by defendant from .Calvert, J., at tbe October Term, 1919, of Cumberland. This is an action to recover damages for injury to an automobile. It was admitted tbat tbe plaintiff was tbe owner of tbe automobile, and tbat be bad left it at tbe garage of tbe defendant to be taken care of for bire.
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Appeal by defendant from .Calvert, J., at tbe October Term, 1919, of Cumberland. This is an action to recover damages for injury to an automobile. It was admitted tbat tbe plaintiff was tbe owner of tbe automobile, and tbat be bad left it at tbe garage of tbe defendant to be taken care of for bire. Tbe plaintiff introduced evidence tending to prove tbat tbe automobile was taken from tbe garage at nigbt without bis consent by one Lee, wbo was in tbe employment of tbe defendant, and tbat it was damaged; tbat at tbe time it was taken from tbe garage there were automobiles in tbe garage,…
1Opinion of the CourtAllen, J.
There would be much force in the defendant’s motion for judgment of nonsuit if the plaintiff was seeking to recover damages on account of the negligence of .Lee, because he took the automobile after his working hours were over, and there is good reason for urging that at that time he was not in the employment of the defendant, but this is not the ground of the plaintiff’s action.
He is demanding damages, not for tbe negligence of Lee, but for tbe negligence of tbe defendant itself in leaving tbe automobile unprotected, witb tbe doors open and no one in charge, so tbat any one passing could…
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