STORAGE OF MOTOR-CARS

Dominion, Volume 11, Issue 109, 25 January 1918, Page 11

STORAGE OF MOTOR-CARS

RESi'ONSIBIIiITr Ob' GAHAGK OWNERS. In tho Magistrate's Court yesterday Mr. W. G. Itiddell, S.M., heard a cas'o of interest both to motorists and garago proprietors. H. B. Pearson, of Eisthorpe, Hawko's Bay, for whom Mr. H. F. O'Leary appeared, claimed from Mrs. N. Nightingale, proprietress of tho ABC Garage, Lambton Quay, represented by Mr. G. G. G. Watson, the sum of £8, tho value of two tyres which, it was alleged had beon removed from plaintiff's car botweon May 2 and 23, 1917, while it was stored in defendant's garage. Mr. O'Leary stated that the plaintiff arrived in Wellington from ISlapier with tho tyres, which had. been purchased before the journey was commenced, strapped on the back of tho car. The original intention was to take.the car to the South Island on the samo night, but that not being found con.voniont, the car was placed in tho garage in a hurry. The plaintiff made no comment .about tbo tyres, and gave no instructions as to the custody of the car. When plaintiff returned to Weilingon he found that, the tyres had beon removed, and therefore claimed for their value. . For the defence it was stated that the proprietress of. the garage had no knowledge whether tho tyres had been on the car .or not when it was first stored, as attention had not been drawn to them. It was. probable that they had been shaken off on the road. Defendant repudiated any liability in regard to goods lost from cars while in the garage, and had notices put up that all cars would be taken, but no responsibility could lie accepted. Evidence of tho defendant and <f other garage proprietors was taken, and wont to show that it was the invariable custom that no responsibility was-ac-cepted for sundries left in cars, and that garage proprietors were not insurers of goods, but the charge made was purely ono for' storage, and that if tbey were hold liable for such ■ losses it would be impossible for thom to carry on business. The Magistrate reserved' his decision.