Rauber v. Zinner

The plaintiff was a dealer in new and second-hand automobiles. The defendant was driving one of the plaintiff’s cars when the damages occurred for which there was recovery. Since the defendant contemplated the purchase of the car and was trying it out; it is conceded that there was a bailment for the mutual benefit of the parties to the action. The bailee was, therefore, liable for ordinary negligence. Kittay v. Cordasco, 103 N. J. L. 156. However, since the car was in good condition when taken out, and when returned it was damaged, a prima facie case was established which put the bailee to…