Yrisarri v. Clifford

OPINION OP THE COURT

BICKLEY, J.

Suit by one assumed to be a gratuitous bailee of an automobile for damages to the said automobile alleged to have been' negligently caused by de<fendant in a collision. Plaintiff was “then and there controlling, driving, and operating” the bailed automobile. At the close of the case, the court on motion of the defendant, dismissed the complaint on the theory that the plaintiff could not maintain the suit regardless of who was to blame for the collision. If a gratuitous bailee may maintain an action for injuries by a stranger and wrongdoer to the article bailed…