Lee v. Creaty

Nichols, Judge.

The defendant, in his answer, admitted that the vehicle was delivered to him for a “tune-up” on November 3, 1958, and the evidence disclosed that the automobile was in his possession on two occasions, once to have new carburetors of a different design installed, and once to have the new carburetors adjusted. Therefore a finding was authorized that the second delivery took place on November 3,1958.

The delivery was shown, the damage was shown, and since the burden was on the defendant (a bailee for hire), at this juncture to show proper diligence (Code § 12-104; Wynn v. Johns, 97…