Legal Opinion
Nelliger v. Atlanta Baggage & Cab Co.
Court of Appeals of Georgia
Decided June 19, 1964No. 40752PublishedCited by 27 opinions
1Opinion of the Court
Eberhardt, Judge.
The applicable standard of care is provided in Code § 12-403: “The relation of the owner of an automobile and the owner of the garage in which the automobile is stored is that of bailor and bailee. Such bailee is bound to use ordinary care for the safekeeping and return of the automobile.” After proof of his loss by the bailor, the burden of showing ordinary care or proper diligence is on the bailee. Code § 12-104.
Thus the key question in this case is whether, considering all the circumstances, the bailee exercised ordinary care in turning the car over to LeBouf when he…
2Cases cited7 opinions
- Reynolds v. ReynoldsSupreme Court of Georgia · 1961
- First National Bank v. American Sugar Refining Co.Supreme Court of Georgia · 1904
- Studdard v. EvansCourt of Appeals of Georgia · 1964
- McElroy v. Williams Bros. Motors, Inc.Court of Appeals of Georgia · 1961
- Loeb v. WhittonCourt of Appeals of Georgia · 1948
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Grasham v. Southern Railway Co.Court of Appeals of Georgia · 1965
- Brown v. Five Points Parking CenterCourt of Appeals of Georgia · 1970
- State Highway Department v. RainesCourt of Appeals of Georgia · 1973
- Sheffield v. StateCourt of Appeals of Georgia · 1971
- Dowling v. Jones-Logan Co., Inc.Court of Appeals of Georgia · 1971
22 more not listed; retrieve them via the Exa API.