Mingledorff v. Bell

I dissent from the judgment in this case on the basis on which it is predicated. There would be no advantage in my expressing an opinion as to whether a bailment existed. I think the bailment question should also be decided now because if we do not, two petitions for certiorari could possibly be required.

The conclusion in this case should be reached in the light of *690what is meant by the “use” of the alleged bailed vehicle. My opinion is that the word “use” does not refer to the operation of the bailed automobile, which operation is a part and parcel of the carrying out of the contract of…