Corbett v. Smeraldo
Supreme Court of New Jersey
On appeal from the First Judicial District Court of Essex co uni v. The plaintiff stored an automobile with defendant in his garage, at an agreed price for c-are and storage. The night man in charge of the garage took the automobile out for his own purposes while intoxicated and damaged it.
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On appeal from the First Judicial District Court of Essex co uni v. The plaintiff stored an automobile with defendant in his garage, at an agreed price for c-are and storage. The night man in charge of the garage took the automobile out for his own purposes while intoxicated and damaged it. There was-evidence from which a jury might infer that the defendant thereafter agreed to repair the car at his. own expense, and also that the night man had been intoxicated before, although a year had elapsed since he had taken a drink.
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
We think this case does not involve the question of the master’s responsibility for the tortious acts of his servants. It involves rather the question of the master’s liability for breach of his own contract. In, that respect, it resembles Haver v. Central Railroad Co., 62 N. J. L. 282. No doubt the liability of a common carrier is greater than the liability of an ordinary bailee — even if a bailee for hire — but'in both cases the crucial question is, What were the terms of the contract ? Those terms are rarely expressed at length. Much must…
2Cases cited1 opinion
- Firemen's Fund Insurance v. SchreiberWisconsin Supreme Court · 1912
3Cited by10 opinions
- Maynard v. JamesSupreme Court of Connecticut · 1929
- Employers' Fire Insurance v. Consolidated Garage & Sales Co.Indiana Court of Appeals · 1927
- Manhattan Fire & Marine Ins. v. Grand Central GarageNevada Supreme Court · 1932
- Vannatta v. TolliverSuperior Court of Pennsylvania · 1923
- Joseph v. Mutual Garage Co.Missouri Court of Appeals · 1954
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