Glende v. Spraner

Abstract of the Decision. 1. Automobiles and garages, § 5*—when evidence sufficient to show keeper of garage gratuitous bailee. In an action against the proprietor of a garage for the loss of a motorcycle, evidence examined and held sufficient to sustain a finding that defendant was a gratuitous bailee. 2. Automobiles and garages § 5*—when garage keeper storing vehicle liable as gratuitous bailee. The keeper of a garage who stores a vehicle over night to accommodate its owner and without agreement as to compensation is a mere gratuitous bailee and is liable for gross negligence only, or a want of slight care or diligence. 3. Automobiles and gabages, § 5*—when garage keeper exercising ordinary care not liable for loss of stored vehicle. A garage keeper who, for compensation, stores a vehicle for the owner is not liable for its loss by theft, if he exercised ordinary care to prevent it. 4. Bailment, § 27*—when burden of proof on bailee and when on bailor in action for loss of bailment. In an action by a bailor against a bailee to recover damages for the loss of the bailment, where plaintiff shows the delivery of the bailment to defendant and the failure of defendant to make redelivery, the burden is on defendant to show the exercise of the degree of care required by the nature of the bailment; but where it appears that the bailment was lost, stolen or destroyed by fire, the burden of proving negligence is on the plaintiff. 5. Automobiles and gabages, § 5*—when garage keeper not liable for theft of motorcycle. ( In an action against a garage keeper to recover for the loss of plaintiff’s motorcycle, where the evidence shows that plaintiff had left the machine in defendant’s garage over night, that he had advertised it for sale and had so informed defendant, also informing the latter that the machine could not be operated until repairs were made, and had left his name and address with defendant and had requested the latter to permit any one to inspect the machine whom he might send around, defendant is not liable for the theft of the machine by one who presented a written permit from plaintiff to inspect and, under the pretext of inspecting it, stole'it, riding it away.

Error to the Municipal Court of Chicago; the Hon. John J. Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1915.