Carelli v. Toepfer

Matthews, J,

The demurrer to the cross-petition presents the question of ithe right of a bailee to whom an automobile “was loaned * * * on that particular day” to recover for its almost complete destruction through negligence while it was in the possession of the bailee.

*354The right of a gratuitious bailee to maintain such an action is sustained by almost all — if not all — of the authorities. 3 R. C. L., pages 128 and 129; Yrisarri v. Clifford, 32 N. M., 1, 249 Pac. 1011; Stolts v. Puget Sound Traction etc., Co., L. R. A. 1917 D., p. 214; 5 Oh. Juris., p. 107.

But it is urged that in this state…