Hotel Storage, Inc. v. Fesler

Quillian, Judge.

1. The appellant, Beverage Sales, contends that the evidence shows that the relation which existed between Leaf, its employee, and Watts was a bailment. On the other hand the plaintiff, appellee here, argues that Watts was a servant of Leaf since Leaf tipped Watts, had the right to retake his car at any time and could have discharged Watts “from the assignment of taking care of the car any time he pleased.”

The question for determination is whether Leaf and Watts occupied the status of master and servant because as a general rule an owner of an automobile is not liable for the…